Commonwealth v. Tuey
Massachusetts Supreme Judicial Court
On the trial in the court of common pleas, before Hoar, J., of an indictment against the defendant, the jury, having received instructions from the judge, to which no exception was taken, retired to consider of their verdict, and after an absence of several hours, were sent for by the judge, and reported that they had been unable to agree.
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On the trial in the court of common pleas, before Hoar, J., of an indictment against the defendant, the jury, having received instructions from the judge, to which no exception was taken, retired to consider of their verdict, and after an absence of several hours, were sent for by the judge, and reported that they had been unable to agree. The judge thereupon said to them, in substance, as follows:— “ The only mode, provided by our constitution and laws foi deciding questions of fact in criminal cases, is by the verdict of a jury. In a large proportion of cases, and perhaps, strictly…
1Opinion of the CourtBigelow, J.
The defendant objects to the instructions given to the jury in this case, on the ground, that they were equivalent to a direction, on the part of the court, to a minority of the jury to yield their own opinions and judgment to the views of the majority, and render a verdict in conformity therewith; or, in other words, that a dissenting juror was bound to take into consideration the opinions of his fellows, as an element by which his own convictions were to be controlled. But we do not so understand the purport and effect of the language used by the judge who tried the cause. The instructions…
2Cited by47 opinions
- United States v. John Fioravanti, Nicholas Panaccione, and Angelo Pepe, Nicholas PanaccioneCourt of Appeals for the Third Circuit · 1969
- State v. HowardOhio Supreme Court · 1989
- United States v. Darwin Clark BaileyCourt of Appeals for the Fifth Circuit · 1972
- United States v. Michael Warren Mason, United States of America v. William Casey Welsh, United States of America v. Mitchell ShieldsCourt of Appeals for the Ninth Circuit · 1981
- State v. MaupinOhio Supreme Court · 1975
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