Commonwealth v. Costello
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. e. 163, § 11, for rescuing a prisoner from the lawful custody of a police officer. After a verdict of guilty in the Superior Court, the defendant moved to set aside the verdict for the following reasons: “ 1. Because the proceedings in regard to the rendition of the verdict and separation of the jury were irregular and illegal. 2, Because no proper and correct verdict was rendered by the jury. 3. Because, after the case was given to the jury, and…
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Indictment on the Gen. Sts. e. 163, § 11, for rescuing a prisoner from the lawful custody of a police officer. After a verdict of guilty in the Superior Court, the defendant moved to set aside the verdict for the following reasons: “ 1. Because the proceedings in regard to the rendition of the verdict and separation of the jury were irregular and illegal. 2, Because no proper and correct verdict was rendered by the jury. 3. Because, after the case was given to the jury, and before any verdict was rendered, they had separated without the knowledge or consent of the defendant.” The motion was…
1Opinion of the CourtGray, C. J.
The offence of which the defendant has been convicted, being punishable by imprisonment in the state prison, is a felony. Gen. Sts. e. 163, § 11; e. 168, § 1. But in this Commonwealth, by long established usage, it is not essential, in the case of any offence under the degree of a capital crime, that the jury should be kept together from the time the case is opened to them until their final discharge. It is every day’s practice, in cases of felonies not punishable with death, as well as of misdemeanors, to allow the jurors to separate at the intermissions of the court pending the trial. And…
2Cases cited3 opinions
- Commonwealth v. TobinMassachusetts Supreme Judicial Court · 1878
- Commonwealth v. CarringtonMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. DurfeeMassachusetts Supreme Judicial Court · 1868
3Cited by6 opinions
- Commonwealth v. CharlandMassachusetts Supreme Judicial Court · 1959
- Commonwealth v. Della PortaMassachusetts Supreme Judicial Court · 1949
- Commonwealth v. HedenMassachusetts Supreme Judicial Court · 1895
- State v. LawrenceSupreme Court of Vermont · 1898
- Commonwealth v. WalshMassachusetts Supreme Judicial Court · 1882
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