Commonwealth v. Wade
Massachusetts Supreme Judicial Court
In April 1834, an indictment was found, alleging that Wade, on October 29, 1832, in the night, at Dedham, “ a certain building of one Ebenezer Newhall and one Timothy Gay, there situate, called a barn, feloniously &¿c. did set fire to and burn, and that by the kindling of said fire and by the burning of said barn the dwellinghouse of one James Bride, there also situate, was then and there, in the night time, feloniously &c. burnt and consumed.”
Read the full summary
In April 1834, an indictment was found, alleging that Wade, on October 29, 1832, in the night, at Dedham, “ a certain building of one Ebenezer Newhall and one Timothy Gay, there situate, called a barn, feloniously &¿c. did set fire to and burn, and that by the kindling of said fire and by the burning of said barn the dwellinghouse of one James Bride, there also situate, was then and there, in the night time, feloniously &c. burnt and consumed.” The prisoner pleaded not guilty, and at October term 1834, he was put upon his trial. The jury being empannelled, Jlustin, Attorney-General, called…
1Per curiam
There are some stages of a trial in which the
right to enter a nolle prosequi clearly ceases ; as after a verdict of manslaughter on an indictment for murder ; in others, a question might be made ; as after the evidence is closed, or after it has been summed up to the jury. In some cases, it should seem, the cause must be taken from the jury, of necessity ; as if the jury cannot agree, or if one of them is taken ill, so that he cannot proceed in the trial. Suppose the principal witness suddenly absconds, or is seized with a fit, after the jury are *400efnpannelled, and so is unable to testify ; it…
2Cited by5 opinions
- State v. ColgateSupreme Court of Kansas · 1884
- State v. CootnerSupreme Court of Florida · 1952
- State v. MidgeleyNew Jersey Superior Court Appellate Division · 1953
- Crist v. BretzSupreme Court of the United States · 1978
- Crist v. BretzSupreme Court of the United States · 1978