Commonwealth v. Clune
Massachusetts Supreme Judicial Court
Indictment against John P. Clune and James Malley, found at the September- term, 1893, of the Superior Court, for uttering a certain forged instrument, on December 22,1892, at Springfield. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. An indictment for the same offence was found against Clune and Malley at the May term, 1893, of the Superior Court.
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Indictment against John P. Clune and James Malley, found at the September- term, 1893, of the Superior Court, for uttering a certain forged instrument, on December 22,1892, at Springfield. Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions, in substance as follows. An indictment for the same offence was found against Clune and Malley at the May term, 1893, of the Superior Court. Both indictments were found by the grand jury drawn, summoned, and impanelled for the year 1893. The indictment found at the May term was quashed, upon motion of Clune. On the indictment…
1Opinion of the CourtAllen, J.
The plea in abatement was not well founded. It was not necessary for the grand jury to examine the witnesses anew before finding the second indictment, and the fact that some of the grand jurors who found the original indictment were absent when the second indictment was found, and that others were present when the second indictment was found who *214were absent on the former occasion, did not render the indictment invalid. Commonwealth v. Woods, 10 Gray, 477. Commonwealth v. Woodward, 157 Mass. 516.
The court correctly stated the rule of law as to the grounds upon which the defendant could be…
2Cases cited3 opinions
- Commonwealth v. WoodwardMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. WilsonMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. WallaceMassachusetts Supreme Judicial Court · 1871
3Cited by30 opinions
- Commonwealth v. StasiunMassachusetts Supreme Judicial Court · 1965
- Commonwealth v. ConroyMassachusetts Supreme Judicial Court · 1956
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. BishopMassachusetts Supreme Judicial Court · 1896
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