Commonwealth v. Moore
Massachusetts Supreme Judicial Court
The prisoner was then remanded. On the next day, he was again set to the bar, and the judge stated to him that the indictment would be again read to him, and that, if he did not answer, a jury would be empanelled to try whéther he was mute voluntarily or from the act of God, and that, if by their verdict it should appear to be voluntarily, he would be sentenced, and lose all benefit of a trial for the offence with which he was charged.
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The prisoner was then remanded. On the next day, he was again set to the bar, and the judge stated to him that the indictment would be again read to him, and that, if he did not answer, a jury would be empanelled to try whéther he was mute voluntarily or from the act of God, and that, if by their verdict it should appear to be voluntarily, he would be sentenced, and lose all benefit of a trial for the offence with which he was charged. The clerk again went to the bar, read the indictment to him, and called upon him to plead, as before. He made no answer, but appeared composed, and spoke very…
1Opinion of the Court
[The reporter was favored with a note of the following case, by the judge who sat in the tnai of it. Its publication will be useful, as famishing a precedent for a regular course of proceeding in future and similar cases.]
The defendant, being indicted at this term for a larceny, was put to the bar on the second day of the sittings here after the term which were holden by ParJcer, J., and, being called by his name, made no answer, but exhibited an appearance of great agitation his limbs shaking and his face being much distorted. The indict ment was read to him audibly and distinctly by the…
2Cited by9 opinions
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1828
- Benton v. BurgotSupreme Court of Pennsylvania · 1823
- In re SmithU.S. Circuit Court for the District of Massachusetts · 1882
- Alkire Grocery Co. v. RichesinU.S. Circuit Court for the District of Western Arkansas · 1899
- Burnham v. WebsterU.S. Circuit Court for the District of Maine · 1846
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