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Mass. R. S., Ch. 137.

Issues of fact, how tried.

When Grand Ju

ror not to sit upon petit Jury.



Challenges in

case of trial for


Chapter One Hundred and Sixty-Five of Revised Statutes of 1846.

(6068.) SECTION 1. Issues of fact joined upon any indictment shall be tried by a jury, drawn and returned in the manner provided by law for the trial of issues of fact in civil cases.

(6069.) SEC. 2. No member of the Grand Jury which has found an indictment, shall be put upon the jury for the trial of such indictment, if challenged for that cause by the defendant.

(6070.) SEC. 3. Every person indicted for an offence, shall, when the jury is impanneled for his trial, be entitled to the same challenges that are by law allowed to defendants in civil


(6071.) SEC. 4. The Attorney General, or any other officer prosecuting an indictment, shall be entitled to the same challenges, on behalf of the People, that are allowed by law to parties in civil causes.

(6072.) SEC. 5. Any person who is put on trial for an offence capital offence, punishable with death, or for murder in the first degree, shall be allowed to challenge, peremptorily, thirty of the persons returned as jurors, and no more.

certain opinions

sit upon Jury in

Person holding (6073.) SEC. 6. No person whose opinions are such as to incompetent to preclude him from finding any defendant guilty of an offence case of capital of punishable with death, shall be compelled or allowed to serve as a juror on the trial of any indictment for such an offence.


Oath of Jurors.


Person indicted for felony to be

(6074.) SEC. 7. The following oath shall be administered to the jurors for the trial of all criminal cases: "You shall well and truly try, and true deliverance make, between the People of this State and the prisoner at the bar, whom you shall have in charge, according to the evidence and the laws of this State; so help you God."

(6075.) SEC. 8. Any juror shall be allowed to make affirmation, substituting the words "this you do under the pains and penalties of perjury," instead of the words "so help you God."

(6076.) SEC. 9. No person indicted for a felony shall be present at trial. tried, unless personally present during the trial; persons indicted for smaller offences may, at their own request, by

leave of the Court, be put on trial in their absence, by an attorney duly authorized for that purpose.

(6077.) SEC. 10. The Court may order a view by any jury Court may order impanneled to try a criminal case, whenever such Court shall'

deem such view necessary.


acquitted by rea


(6078.) SEC. 11. When any prisoner indicted for an offence, when prisoner shall, on trial, be acquitted by the jury by reason of insanity, son of insanity, the jury in giving their verdict of not guilty, shall state that it was given for such cause; and thereupon, if the discharge or going at large of such insane person, shall be considered manifestly dangerous to the peace and safety of the community, the Court may order him to be committed to prison, there to be kept until the further order of the Court; otherwise he shall be discharged.

etc., not liable for

(6079.) SEc. 12. No prisoner or person under recognizance, Person acquitted, who shall be acquitted by verdict, or discharged because no costs. indictment has been found against him, or for want of prosecution, shall be liable for any costs or fees of office, or for any charge for subsistence while he was in custody.

order defendant

before close of

(6080.) SEC. 13. Whenever two or more persons shall be When Court may ncluded in the same indictment, and it shall appear that there to be discharged s not sufficient evidence to put any defendant on his defence, evidence. t shall be the duty of the Court to order such defendant to e discharged from such indictment, before the evidence shall e deemed to be closed.

defendants joint

be tried.

(6081.) SEC. 14. When two or more defendants shall be How two or more intly indicted for any felony, any one defendant requiring it, ly indicted mag all be tried separately; and in other cases, defendants jointly dicted, shall be tried separately, or jointly, in the discretion the Court.



irt may grant new trial.

ceptions may be alleged, etc.

ceedings to be stayed upon signing of options, unless, etc.

ort of case when to be made by Judge.


6086. Person filing exceptions, etc., to recognize.
6087. Person neglecting to recognize to be com-

6088. Court may continue recognizance, etc.

Mass. R. S., Ch.


Court may grant new trial.

Exceptions may

Chapter One Hundred and Sixty-Six of Revised Statutes of 1846.

(6082.) SECTION 1. The Court in which the trial of any indictment shall be had, may, at the same term, or at the next term thereafter, on the motion in writing of the defendant, grant a new trial, for any cause, for which by law a new trial may be granted, or when it shall appear to the Court that justice has not been done, and on such terms or conditions as the Court shall direct.

(6083.) SEC. 2. Any person who shall be convicted of any be alleged, etc. offence before any Court of Record, considering himself aggrieved by any opinion, direction or judgment of the Court, in any matter of law, may allege exceptions to such opinion, direction or judgment, which exceptions being reduced to writing in a summary mode, and presented to the Judge before the end of the term, and found conformable to the truth of the case, shall be allowed and signed by the Judge. (6084.) SEC. 3. Upon the signing of such exceptions, all signing of excep further proceedings in that Court shall be stayed, unless it shall clearly appear to the Judge, that such exceptions are frivolous, immaterial, or intended only for delay, and in that case, judgment may be entered, and sentence awarded in such manner as the Court shall deem reasonable, notwithstanding the allowance of such exceptions.

Proceeedings to be stayed upon

tions, unless, etc.

Report of case when to be made by Judge.

Person filing exceptions, etc., to recognize.

(6085.) Sec. 4. If upon the trial upon indictment of any person who shall be convicted in any Court of Record, any question of law shall arise, which, in the opinion of the Judge, shall be so important or doubtful, as to require the opinion of the Supreme Court, he may, if the defendant desires it or consents thereto, report the case so far as may be necessary to present the question of law arising thereon, and transmit the same with all convenient speed to the Chief Justice, or one of the associate Justices of the Supreme Court, and thereupon all further proceedings in such Court shall be stayed.

(6086.) SEC. 5. Any person who shall file exceptions, or for whose benefit a report shall be made by the Judge, as is provided in the preceding sections, may, if the offence be bailable, recognize to the People of this State, in such sum ast the Court shall order, with sufficient sureties for his appearance at the next term of such Court, and to prosecute his exceptions to effect in the Supreme Court, if exceptions are

alleged as aforesaid, and to abide the further judgment or order of the Court in the premises, in which such trial was had, and in the meantime to keep the peace and be of good behavior.

to recognize to be

(6087.) SEC. 6. If such person shall not so recognize, he Person neglecting shall be committed to prison, to await the decision of the committed. Supreme Court; and in that case the Clerk of the Court in which the conviction was had, shall file a certified copy of the record and proceedings in the case, in the Supreme Court; and such Court shall have jurisdiction to hear and determine the questions of law arising on such exceptions or report, and shall certify their determination to the Court in which the trial was had, together with directions as to a new trial, or such other proceedings as right and justice shall require; but the proceedings herein prescribed shall not deprive any party of his writ of error, for any error or defect appearing of record.

tinue recogniz.

(6088.) SEC. 7. The Court in which the party so convicted Court may conand recognized shall be bound to appear as aforesaid, shall ance, etc. have power to continue such recognizance, or require a new recognizance, with further or other sureties until the decision of the Supreme Court shall be had in the premises, and in default of compliance with any such requisition, such Court ay commit the party so convicted to close custody.

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Inquests on view

of dead bodies,

Chapter One Hundred and Sixty Seven of Revised Statutes of 1846.

(6089.) SECTION 1. Justices of the Peace shall take inquests when to be taken. upon the view of the dead bodies of such persons as shall have come to their death suddenly or by violence, and of such persons as shall have died in prison.

Jary, how summoned.

Jurors, how impanneled and


Witnesses, how

ummoned; at

enforced, etc.

(6090.) SEC. 2. As soon as any Justice of the Peace shall have notice of the dead body of any person found or lying within the County, who is supposed to have come to his death. in any manner described in the preceding section, he shall forthwith summon not less than six nor more than twelve good and lawful men of the County, to appear before him at such place as he shall appoint.

(6091.) SEC. 3. When six or more of the jurors who have been summoned, appear, the Justice of the Peace shall call over their names, and there, in view of the dead body, shall administer to them an oath or affirmation in substance as follows: "You do solemnly swear (or affirin, as the case may be), that you will diligently inquire, in behalf of the People of this State, when, in what manner, and by what means, the person whose body lies here dead, came to his death, and that you will make a true inquest thereof according to your knowledge, and such evidence as shall be laid before you."

(6092.) SEC. 4. The Justice of the Peace may issue subpoenas tendance, how for witnesses returnable forthwith or at such time and place as he shall therein direct; and the attendance of the persons served with such subpoena may be enforced in the same manner, and they shall be subject to the same penalties, as if they had been served with a subpoena in behalf of the People of this State, to attend a Justice's Court: Provided, That in all such cases it shall be lawful for the magistrate taking any such inquest, to require, by subpoena, the attendance of a competent physician or surgeon for the purpose of making a postmortem examination, and of testifying as to the result of the same; and the amount of compensation for such attendance and services, shall be audited and allowed by the Board of Supervisors of the proper County.

Oath of Witness


(6093.) SEC. 5. An oath or affirmation to the following effect shall be administered to each witness by the Justice of the Peace: "You do solemnly swear (or affirm) that the evidence you shall give to this inquest, concerning the death of the

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