Lebowitch v. Commonwealth
Massachusetts Supreme Judicial Court
Petition, filed in the Supreme Judicial Court on April 2, 1919, for a writ of habeas corpus commanding the production before the court from the House of Correction in Suffolk County of the body of the petitioner; also a Weit oe eeeoe, issued on April 7, 1919, to the Chief Justice of the Superior Court upon petition of the same petitioner, directing the production of the record and proceedings in the indictment, trial, conviction and sentence of the petitioner.
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Petition, filed in the Supreme Judicial Court on April 2, 1919, for a writ of habeas corpus commanding the production before the court from the House of Correction in Suffolk County of the body of the petitioner; also a Weit oe eeeoe, issued on April 7, 1919, to the Chief Justice of the Superior Court upon petition of the same petitioner, directing the production of the record and proceedings in the indictment, trial, conviction and sentence of the petitioner. In both petitions it was alleged that on April 6, 1918, the grand jurors for the county of Suffolk returned an indictment against the…
1Opinion of the CourtRugg, C. J.
1. The main question presented on these records is whether the fact, that at the hearing before the grand jury which returned the indictment against William Lebowitch all the witnesses including police officers were present in the grand *361jury room and within hearing at the time when each witness gave his testimony, can be raised after trial; verdict and sentence, in instances where this fact did not come to the knowledge of the person indicted or his counsel until after sentence.
It was decided in Commonwealth v. Harris, 231 Mass. 584, that a plea in abatement before a general plea of not…
2Cases cited16 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- United States v. GaleSupreme Court of the United States · 1883
- Commonwealth v. WakelinMassachusetts Supreme Judicial Court · 1918
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
- Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
- Commonwealth v. GeaganMassachusetts Supreme Judicial Court · 1959
49 more not listed; retrieve them via the Exa API.