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1 Mass. 103

Commonwealth v. Braley

Massachusetts Supreme Judicial Court

Decided October 15, 1804

Massachusetts Supreme Judicial Court · decided 1804-10-15

<p>Practice.—In an indictment for a capital crime, if the jury find that the prisoner neglects to plead by the act of God, the Court will not proceed to try him upon the indictment.</p>

Decided 1804-10-15

¶1From the appearance and conduct of the prisoner at the several times he was arraigned, the Court were inclined to believe that he was in a state of mental derangement; and it also appearing that soon after the supposed murder of his wife, he had cut his own throat in such a manner as to endanger his life, a jury was immediately empanelled and sworn well and truly to try between the commonwealth and the prisoner at the bar, whether he neglected or refused to plead to the indictment against him for murder, of his free will and malice, or whether he did so neglect by the act of God.”

¶2* The jury found that he did so neglect by the act [ *104 ] of God.

¶3Whereupon the prisoner was remanded to jail.

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