Commonwealth v. Bowden

9 Mass. 494
Massachusetts Supreme Judicial Court·Decided March 15, 1813·Published·Cited by 43 cases

Opinion

* By the Court.

The ancient strictness of the law upon this subject has very much abated in the English courts; nor would it be consistent with the genius of our government or laws to use compulsory means to effect an agreement among jurors. The practice of withdrawing a juror, where there existed no prospect of a verdict, has frequently been adopted at criminal trials in this Court, and the exception taken in this case cannot prevail.

The defendant took nothing by his motion.

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Commonwealth v. Bowden, 9 Mass. 494 (Mass. 1813).

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