Commonwealth v. Austin

Massachusetts Supreme Judicial Court

Commonwealth v. Austin

73 Mass. 51

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1856

StatusPublished

This text of 73 Mass. 51 (Commonwealth v. Austin) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Austin, 73 Mass. 51 (Mass. 1856).

Pincite

Opinion

By the Court.

1. These jurors were rightly excluded-. When the trial was had, it had not been judicially determined that the jury had not the right to pass upon the law. The decision of that point in Commonwealth v. Anthes, 5 Gray, 185, has now rendered this question unimportant.

2. It is essential to the proper conduct of trials, that the extent to which books may be read to the jury should be within the discretion of the court. By that discretion, as exercised in this case, sufficient latitude was allowed to the defendant’s counsel. Exceptions overruled.

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By the Court.

1. These jurors were rightly excluded-. When the trial was had, it had not been judicially determined that the jury had not the right to pass upon the law. The decision of that point in Commonwealth v. Anthes, 5 Gray, 185, has now rendered this question unimportant.

2. It is essential to the proper conduct of trials, that the extent to which books may be read to the jury should be within the discretion of the court. By that discretion, as exercised in this case, sufficient latitude was allowed to the defendant’s counsel. Exceptions overruled.

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Bluebook (online)

73 Mass. 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-austin-mass-1856.