Commonwealth v. Dorsey
Massachusetts Supreme Judicial Court
Indictment for the murder of Mary Dorsey, the defendant’s wife, by striking her upon her head with a club, on May 1,1869. Trial before Chapman, C. J., Gray, Colt and Ames, JJ., at a special term in October 1869 for Hampshire. Upon the empanelling of the jury, the attorney general peremptorily challenged a juror.
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Indictment for the murder of Mary Dorsey, the defendant’s wife, by striking her upon her head with a club, on May 1,1869. Trial before Chapman, C. J., Gray, Colt and Ames, JJ., at a special term in October 1869 for Hampshire. Upon the empanelling of the jury, the attorney general peremptorily challenged a juror. The defendant objected that the Commonwealth had no right of peremptory challenge; and that the St. of 1869, c. 151, allowing it, was unconstitutional; but the objection was overruled, and the challenge allowed. “ The Commonwealth introduced circumstantial evidence tending to show…
1Opinion of the CourtChapman, C. J.
The attorney general having challenged a juror under the provisions of the St. of 1869, c. 151, which gives him the right, on the trial of a capital offence, to challenge per*418emptorily five of the jurors from the panel called to try the cause, the prisoner objected that the Commonwealth had no right of peremptory challenge, because the statute is unconstitutional. The particular provision of the Constitution applicable to the case is the last clause of art. 12 of the Declaration of Rights, “ And the legislature shall not make any law that shall subject any person to a capital or infamous…
2Cases cited1 opinion
- Swan v. County of MiddlesexMassachusetts Supreme Judicial Court · 1869
3Cited by53 opinions
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- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. WeloskyMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
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