Commonwealth v. Gilbert
Massachusetts Supreme Judicial Court
Indictment, in three counts, for murder. The first count, which did not differ materially,from the others, was as follows: “ The jurors for the Commonwealth of Massachusetts on their oath present, that Angus D. Gilbert, of Boston aforesaid, on the tenth day of April, in the year of our Lord one thousand eight hundred and ninety-five, at Boston aforesaid, with force and arms in and upon one Alice M. Sterling feloniously, wilfully, and of his malice aforethought, did make an…
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Indictment, in three counts, for murder. The first count, which did not differ materially,from the others, was as follows: “ The jurors for the Commonwealth of Massachusetts on their oath present, that Angus D. Gilbert, of Boston aforesaid, on the tenth day of April, in the year of our Lord one thousand eight hundred and ninety-five, at Boston aforesaid, with force and arms in and upon one Alice M. Sterling feloniously, wilfully, and of his malice aforethought, did make an assault; and that the said Gilbert, with a certain axe, the said Alice in and upon the . left side of the head of said…
1Opinion of the CourtAllen, J.
1. The government was in no way responsible for the outbreak of the witness. It was an incident which could not be guarded against in advance. The witness was called because her testimony was deemed to be important, in the interest of justice. Such an outbreak might occur from a hysterical or highly emotional person who was not a witness. The jurors are supposed to be men of sufficient character and sense to enable them to disregard such an incident. To assume the contrary would be *57to strike a blow at the system of trial by jury, which is thought to be a great bulwai’k for innocent persons…
2Cases cited6 opinions
- Commonwealth v. DevlinMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1888
- Nichols v. NicholsMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. PembertonMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. McClellanMassachusetts Supreme Judicial Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Commonwealth v. CunneenMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. GouldMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. JudgeMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. CliffordMassachusetts Supreme Judicial Court · 1978
31 more not listed; retrieve them via the Exa API.