Commonwealth v. Heden
Massachusetts Supreme Judicial Court
Indictment for manslaughter. Trial in the Superior Court, before Sheldon, J., who, after a verdict of guilty, reported the case for the determination of this court, in substance as follows. The case was given to the jury Friday afternoon, June 15 ; and the jury had not agreed at the time of adjournment for the day.
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Indictment for manslaughter. Trial in the Superior Court, before Sheldon, J., who, after a verdict of guilty, reported the case for the determination of this court, in substance as follows. The case was given to the jury Friday afternoon, June 15 ; and the jury had not agreed at the time of adjournment for the day. They were directed, if they then agreed, to reduce the verdict to writing, sign it by their foreman, seal it up, and return it into court on the next Tuesday morning, to which time the court was adjourned. This direction was given through the officer in charge of them, without the…
1Opinion of the CourtAllen, J.
The defendant’s first objection is, not that the jury were allowed to separate after agreeing upon their verdict, etc., but that the permission to do so was communicated to them through the officer in charge of them, instead of their being so told by the presiding justice in open court. It is well settled that instructions to the jury upon the substance of the case must be given only in open court. Kullberg v. O'Donnell, 158 Mass. 405. Read v. Cambridge, 124 Mass. 567. It is also well settled that in criminal cases, not capital, as well as in civil cases, the jury may be allowed to seal up…
2Cases cited9 opinions
- Nichols v. NicholsMassachusetts Supreme Judicial Court · 1884
- Read v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. CarringtonMassachusetts Supreme Judicial Court · 1874
- Kullberg v. O'DonnellMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. DesmondMassachusetts Supreme Judicial Court · 1886
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3Cited by9 opinions
- The People v. BrothersIllinois Supreme Court · 1932
- Whitney v. CommonwealthMassachusetts Supreme Judicial Court · 1906
- Commonwealth v. Della PortaMassachusetts Supreme Judicial Court · 1949
- Moseley v. WashburnMassachusetts Supreme Judicial Court · 1896
- Lewis v. LewisMassachusetts Supreme Judicial Court · 1915
4 more not listed; retrieve them via the Exa API.