Com. v. Kelley

• Decision Date: 04 January 1896
• Citation: 165 Mass. 175,42 N.E. 573
• Parties: COMMONWEALTH v. KELLEY.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

165 Mass. 175

42 N.E. 573

COMMONWEALTH v. KELLEY.

Supreme Judicial Court of Massachusetts, Middlesex.

January 4, 1896

COUNSEL

G.A. Sanderson, Asst. Dist. Atty., for the Commonwealth.

T.J. Gargan, P.M. Keating, and S.C. Brackett, for defendant.

FIELD, C.J.

No exception was taken at the time to the remarks of the presiding justice to the jury when they came into court to receive further instructions, and the defendant is not entitled, as of right, to have his objections to the remarks considered. Kullberg v. O'Donnell, 158 Mass. 405, 33 N.E. 528. However, exceptions having been allowed, we have examined them, and we see no error of law in what was done and said by the justice presiding at the trial. Exceptions overruled.