Commonwealth v. Phelps
Massachusetts Supreme Judicial Court
fob murder, found and returned on July 12, The defendant was convicted, and a decision of this court overruling his exceptions is reported in 209 Mass. 396. The rescript from this court ordering the clerk of the Superior Court to make the entry that the exceptions were overruled was dated June 21, 1911, and was received and filed in the Superior Court on June 22, 1911. On July 17, 1911, the defendant filed the following motion in arrest of judgment: “ Now comes the defendant…
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fob murder, found and returned on July 12, The defendant was convicted, and a decision of this court overruling his exceptions is reported in 209 Mass. 396. The rescript from this court ordering the clerk of the Superior Court to make the entry that the exceptions were overruled was dated June 21, 1911, and was received and filed in the Superior Court on June 22, 1911. On July 17, 1911, the defendant filed the following motion in arrest of judgment: “ Now comes the defendant in the above-entitled action and respectfully shows unto the court that on the twelfth day of June, 1910, the time the…
1Opinion of the CourtLoring, J.
The question in this case is whether a statute enacted after the commission of an offense is void as an ex post facto law because its effect is to provide that one in place of two qr more judges shall preside when the defendant is tried by a i™y-
The question thus raised is a question upon which the Supreme Court of the United States is the final authority. The general rule was laid down by that court in Duncan v. Missouri, 152 U. S. 377, 382, in these words: “It may be said, generally speaking, that an ex post facto law is one which imposes a punishment for an act which was not punishable at…
2Cases cited10 opinions
- Cummings v. MissouriSupreme Court of the United States · 1867
- Kring v. MissouriSupreme Court of the United States · 1883
- Thompson v. UtahSupreme Court of the United States · 1898
- Gibson v. MississippiSupreme Court of the United States · 1896
- Thompson v. MissouriSupreme Court of the United States · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. BellinoMassachusetts Supreme Judicial Court · 1947
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
- Commonwealth v. BenjaminMassachusetts Supreme Judicial Court · 1971
12 more not listed; retrieve them via the Exa API.