Commonwealth v. Hunt

Massachusetts Supreme Judicial Court

Commonwealth v. Hunt

348 N.E.2d 430, 370 Mass. 861, 1976 Mass. LEXIS 1130

CourtMassachusetts Supreme Judicial Court

DecidedJune 4, 1976

StatusPublished

Cited by1 cases

This text of 348 N.E.2d 430 (Commonwealth v. Hunt) 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. Hunt, 348 N.E.2d 430, 370 Mass. 861, 1976 Mass. LEXIS 1130 (Mass. 1976).

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Opinion

From convictions on indictments for kidnapping, assault with intent to murder, and assault and battery by means of a dangerous weapon, the defendant appeals, arguing only one assignment of error, namely, that the judge erroneously denied his motion to dismiss the indictments by reason of the alleged underrepresentation of women in the jury pool from which the grand jury were drawn. The indictments were returned by the grand jury on December 9, 1974. The defendant’s constitutional claim derives from Taylor v. Louisiana, 419 U.S. 522, decided on January 21, 1975. In Daniel v. Louisiana, 420 U.S. 31, decided on January 27, 1975, the Supreme Court declined to give the Taylor decision retroactive application. On facts as to the selection of grand jurors similar to those presented here, we also have declined to apply the Taylor principle retroactively. See Brunson v. Commonwealth, 369 Mass. 106 (1975); Commonwealth v. Daggett, 369 Mass. 790, 794-795 (1976); Commonwealth v. Mobley, 369 Mass. 892, 897-898 (1976); Commonwealth v. Core, ante, 369, 370 (1976). Accordingly, the appeal fails.

Judgments affirmed.

The case was submitted on briefs.

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From convictions on indictments for kidnapping, assault with intent to murder, and assault and battery by means of a dangerous weapon, the defendant appeals, arguing only one assignment of error, namely, that the judge erroneously denied his motion to dismiss the indictments by reason of the alleged underrepresentation of women in the jury pool from which the grand jury were drawn. The indictments were returned by the grand jury on December 9, 1974. The defendant’s constitutional claim derives from Taylor v. Louisiana, 419 U.S. 522, decided on January 21, 1975. In Daniel v. Louisiana, 420 U.S. 31, decided on January 27, 1975, the Supreme Court declined to give the Taylor decision retroactive application. On facts as to the selection of grand jurors similar to those presented here, we also have declined to apply the Taylor principle retroactively. See Brunson v. Commonwealth, 369 Mass. 106 (1975); Commonwealth v. Daggett, 369 Mass. 790, 794-795 (1976); Commonwealth v. Mobley, 369 Mass. 892, 897-898 (1976); Commonwealth v. Core, ante, 369, 370 (1976). Accordingly, the appeal fails.

Judgments affirmed.

The case was submitted on briefs.

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Bluebook (online)

348 N.E.2d 430, 370 Mass. 861, 1976 Mass. LEXIS 1130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hunt-mass-1976.

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