Commonwealth v. Bingham
Massachusetts Supreme Judicial Court
Indictment, in two counts. The first count charged the forging of a deed by Charles W. Bingham; and the second count charged the uttering of the forged deed by Bingham and by Joshua U. Briggs. The defendants were tried together. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows.
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Indictment, in two counts. The first count charged the forging of a deed by Charles W. Bingham; and the second count charged the uttering of the forged deed by Bingham and by Joshua U. Briggs. The defendants were tried together. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows. At the opening of the trial, the defendant Bingham moved “ that the trial of these two defendants be separated, and that the defendant Bingham be permitted to go to trial alone, upon the ground that evidence will necessarily be admitted in the prosecution or…
1Opinion of the CourtHolmes, J.
The general rule is that persons jointly indicted should be tried together. Granting separate trials is a matter of discretion. The mere fact that admissions have been made by one which are not evidence as against the other is not a conclusive ground for ordering the parties to be tried separately. It may be sufficient to instruct the jury how far and against whom the evidence is to be considered. Commonwealth v. James, 99 Mass. 438, 440. Commonwealth v. Bosworth, 6 Gray, 479, 481. See Commonwealth v. Miller, 150 Mass. 69; Commonwealth v. Robinson, 1 Gray, 555.
The jury were instructed not to…
2Cases cited4 opinions
- Morville v. American Tract SocietyMassachusetts Supreme Judicial Court · 1877
- Shinners v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. JamesMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. MillerMassachusetts Supreme Judicial Court · 1889
3Cited by23 opinions
- Commonwealth v. FancyMassachusetts Supreme Judicial Court · 1965
- Commonwealth v. Beneficial Finance CompanyMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. FrenchMassachusetts Supreme Judicial Court · 1970
- Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
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