Commonwealth v. White

Decided January 5, 1889

Massachusetts Supreme Judicial Court · decided 1889-01-05

Indictment. Before the former decision, reported 147 Mass. 76, was made, at a rehearing in the Superior Court, before Sherman, J., on the motion for a new trial filed in that case, evidence was introduced tending to prove the following additional facts.

Relies on Commonwealth v. White

Good law ✅— No negative treatment on recordhow we know

Decided 1889-01-05

How this case has been cited

Cited by 10 later decisions — most recently November 1953

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court.

¶1The 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 *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.

¶2Exceptions overruled.