Legal Opinion

Opinion of the Justices

Massachusetts Supreme Judicial Court

Decided July 1, 1919PublishedCited by 27 opinions

The following order was passed by the Senate on April 2, 1919, and on April 9, 1919, was transmitted to the Justices of the Supreme Judicial Court. On April 21, 1919, the Justices returned the answer which is subjoined.

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The following order was passed by the Senate on April 2, 1919, and on April 9, 1919, was transmitted to the Justices of the Supreme Judicial Court. On April 21, 1919, the Justices returned the answer which is subjoined. Whereas, There is pending before the General Court a bill numbered Senate 102", a copy of which is hereunto annexed, providing that the grand jury may, upon request of the district attorney, permit to be present at an examination of witnesses in a case which it is investigating, a police officer or other person who has prepared the case, and also an interpreter for a witness…

1Opinion of the Court

To the Honorable Senate of the Commonwealth of Massachusetts:

We, the Justices of the Supreme Judicial Court, have considered the questions upon which our opinion is required by the order of April 2, 1919, a copy of which is hereto annexed, and respectfully submit this opinion:

The first inquiry in substance and effect is whether under the Constitution, the grand jury, upon request of the district attorney or otherwise, may permit to be present at the examination of witnesses in a case a police officer who has prepared such case.

The Constitution by art. 12 of the Declaration of Rights secures…

2Cases cited3 opinions

  1. Twining v. New JerseySupreme Court of the United States · 1908
  2. Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1919
  3. Amory v. FellowesMassachusetts Supreme Judicial Court · 1809

3Cited by27 opinions

  1. Commonwealth v. GeaganMassachusetts Supreme Judicial Court · 1959
  2. Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1930
  3. Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
  4. Lebowitch v. CommonwealthMassachusetts Supreme Judicial Court · 1920
  5. People v. MinetNew York Court of Appeals · 1947

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