Commonwealth v. White

Massachusetts Supreme Judicial Court

Commonwealth v. White

19 N.E. 222, 148 Mass. 429, 1889 Mass. LEXIS 285

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 5, 1889

StatusPublished

Cited by9 cases

This text of 19 N.E. 222 (Commonwealth v. White) 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. White, 19 N.E. 222, 148 Mass. 429, 1889 Mass. LEXIS 285 (Mass. 1889).

Pincite

Opinion

By the Court.

The principles upon which this case depend were fully considered and discussed when it was before us at a former hearing. Commonwealth v. White, 147 Mass. 76. For the reasons stated in the opinion then delivered, we are of opinion that the granting or refusing the defendant’s motion for a new trial was a matter within the discretion of the judge of the Superior Court who presided at the trial. The additional evidence produced at the rehearing of the motion was of the same character as that put in at the first bearing, and is subject to the same considerations. It was for the presiding justice [431]*431to determine how far it could be relied on, and whether the facts proved to his satisfaction are of a character to show that the defendant was deprived of a fair and impartial trial.

Exceptions overruled.

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By the Court.

The principles upon which this case depend were fully considered and discussed when it was before us at a former hearing. Commonwealth v. White, 147 Mass. 76. For the reasons stated in the opinion then delivered, we are of opinion that the granting or refusing the defendant’s motion for a new trial was a matter within the discretion of the judge of the Superior Court who presided at the trial. The additional evidence produced at the rehearing of the motion was of the same character as that put in at the first bearing, and is subject to the same considerations. It was for the presiding justice [431]*431to determine how far it could be relied on, and whether the facts proved to his satisfaction are of a character to show that the defendant was deprived of a fair and impartial trial.

Exceptions overruled.

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Bluebook (online)

19 N.E. 222, 148 Mass. 429, 1889 Mass. LEXIS 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-white-mass-1889.

Opinion

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