Ellenwood v. Commonwealth

Massachusetts Supreme Judicial Court

Ellenwood v. Commonwealth

51 Mass. 222

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1845

StatusPublished

This text of 51 Mass. 222 (Ellenwood v. Commonwealth) 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

Ellenwood v. Commonwealth, 51 Mass. 222 (Mass. 1845).

Pincite

Opinion

Dewey, J.

The next preceding case of Stratton v. The Commonwealth disposes of all the material points in the present case.

[223]*223It was suggested that there was an irregularity in the mode of trial, arising from the fact that no plea was tendered by the party. But the case shows that the party fraudulently and wilfully stood mute, and that thereupon fhe case was tried in the same manner as if the party had pleaded not guilty. To this course the petitioner cannot object.

Petition di; missed.

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Dewey, J.

The next preceding case of Stratton v. The Commonwealth disposes of all the material points in the present case.

[223]*223It was suggested that there was an irregularity in the mode of trial, arising from the fact that no plea was tendered by the party. But the case shows that the party fraudulently and wilfully stood mute, and that thereupon fhe case was tried in the same manner as if the party had pleaded not guilty. To this course the petitioner cannot object.

Petition di; missed.

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Bluebook (online)

51 Mass. 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellenwood-v-commonwealth-mass-1845.