Commonwealth v. Phillips
Massachusetts Supreme Judicial Court
Indictment at the last March term in this county, charging one Thomas Daniels as principal, and the defendant as accessory before the fact, in burglary. The death of Daniels was alleged in the indictment: and the question was, whether the prisoner Phillips could lawfully be put upon his trial.
1Opinion of the Court
The Court
observed, that the question was of too much importance to be decided instanter; the trial might proceed, and the prisoner should have the benefit of the objection after conviction, if a conviction should follow. The trial continued through the greater part of the day ; * and towards evening the [ * 425 ] Solicitor-General, finding that a material witness for the government had left the Court, the trial was postponed until the morning; when
The Chief Justice stated, that since the adjournment of the Court the preceding evening, the justices had carefully examined the books upon the…
2Cited by10 opinions
- Commonwealth v. MerrickMassachusetts Supreme Judicial Court · 1926
- Ex-parte BowenSupreme Court of Florida · 1889
- Commonwealth v. AsherowskiMassachusetts Supreme Judicial Court · 1907
- People v. BeintnerNew York Supreme Court · 1918
- State v. YorkSupreme Court of New Hampshire · 1858
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