Commonwealth v. Walsh
Massachusetts Supreme Judicial Court
Indictment in one count, charging the defendant, on March 5,1881, at Boston, with an assault with a dangerous weapon, to wit with a knife, with intent to kill and murder.
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Indictment in one count, charging the defendant, on March 5,1881, at Boston, with an assault with a dangerous weapon, to wit with a knife, with intent to kill and murder. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in substance as follows : The jury retired to consider their verdict, with the direction, if they did not agree upon a verdict before the court adjourned for the day, to reduce their verdict to writing, seal it up, and return it into court the next morning. The court adjourned for the day before the jury had agreed. Shortly after the…
1Opinion of the CourtGray, C. J.
In any case, whether of misdemeanor or of felony, not punishable with death, the jury may be authorized by the court, after the case is finally committed to them, to separate upon signing and sealing up a form of verdict, and to deliver their verdict orally upon the next coming in of the court; and the oral verdict may be received and recorded if all possibility of improper influence in the interval is precluded by conclusive evidence that it accords with the result which they had agreed upon and reduced to writing before their separation; but not otherwise. Commonwealth v. Durfee, 100 Mass.…
2Cases cited5 opinions
- Commonwealth v. TobinMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. CarringtonMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. DorusMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. DurfeeMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1880
3Cited by8 opinions
- United States v. James J. D'AntonioCourt of Appeals for the Seventh Circuit · 1965
- Commonwealth v. EatonMassachusetts Appeals Court · 1974
- Commonwealth v. Della PortaMassachusetts Supreme Judicial Court · 1949
- State v. McLennenOregon Supreme Court · 1888
- Watson v. StateCourt of Appeals of Georgia · 1918
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