Com. v. Thomas
| Court | Massachusetts Supreme Judicial Court |
| Writing for the Court | Before TAURO; SPALDING |
| Citation | 359 Mass. 386,269 N.E.2d 277 |
| Parties | COMMONWEALTH v. Arthur THOMAS (and two companion cases 1 ). |
| Decision Date | 29 April 1971 |
Page 277
v.
Arthur THOMAS (and two companion cases 1).
Decided April 29, 1971.
Mark E. Budnitz, Cambridge, for defendants.
Terence M. Troyer, Asst. Dist. Atty. (Roger A. Karz, Cambridge, with him), for the Commonwealth.
Before TAURO, C.J., and SPALDING, SPIEGEL, QUIRICO and BRAUCHER, JJ.
SPALDING, Justice.
The defendants were adjudged delinquents under G.L. c. 119, § 58, after a trial in a District Court. They appealed to the Superior Court under G.L. c. 119, § 56, where they demanded a jury trial. Their demands were denied, subject to their exceptions. The defendants were tried to a judge, adjudged delinquent, and sentenced to the custody of the Youth Service Board. The sole question presented by their bill of exceptions is whether it was error to deny their demands for a jury trial. 2 We are of opinion that it was.
Page 278
General Laws c. 119, § 56, as amended through St.1964, [359 Mass. 387] c. 308, § 1, which deals with juvenile appeals to the Superior Court, states in revelant part: 'The appeal, if taken, shall be tried and determined in like manner as appeals in criminal cases, except that the trial of said appeals in the superior court shall not be in conjunction with the other business of that court, but shall be held in a session set apart and devoted for the time being exclusively to the trial of juvenile cases' (emphasis supplied). The language of this statute is plain, and therefore it is to be interpreted in accordance with the usual and natural meaning of the words. Condon v. Haitsman, 325 Mass. 371, 373, 0 N.E.2d 549, COMMONWEALTH V. KRASNER, MASS., 267 N.E.2D 208,A G.L. c. 4, § 6, Third.
Turning to the states governing criminal trials in the Superior Court, we find that cases are to be tried to a jury unless the defendant expressly elects to be tried by the court. G.L. (Ter.Ed.) c. 278, § 2. G.L. c. 263, § 6, as appearing in St.1933, c. 246, § 1. The right of a defendant to be tried by a jury in a criminal case is specifically guaranteed in art. 12 of our Declaration of Rights. '(T)rial by jury in criminal cases is fundamental to the American scheme of justice.' Duncan v. Louisiana, 391 U.S. 145, 149, 88 S.Ct. 1444, 1447, 20 L.Ed.2d 491. We therefore have no difficulty in finding a clear legislative intention to afford juveniles who appeal to the Superior Court at least the same fundamental safeguards...
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State in Interest of Dino, No. 61283
...have held that a juvenile has a right to a jury trial. See, e.g., R.L.R. v. State, 487 P.2d 27 (Alaska 1971); Commonwealth v. Thomas, 359 Mass. 386, 269 N.E.2d 277 (1971); Peyton v. Nord, 78 N.M. 717, 437 P.2d 716 20 403 U.S. 528-547, 91 S.Ct. 1976, 1987, 29 L.Ed.2d 647 (1971). 21 See footn......
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Com. v. Lee
...325 Mass. 371, 373, 90 N.E.2d 549 (1950). Commonwealth v. Krasner, 358 Mass. 727, 729, 267 N.E.2d 208 (1971)." Commonwealth v. Thomas, 359 Mass. 386, 387, 269 N.E.2d 277, 278 (1971). See also Commonwealth v. McDuffee, --- Mass. ---, --- b, 398 N.E.2d 463 (1979). Compare Commonwealth v. Nizi......
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Com. v. Gove
...357 (1967). When the statutory language is plain, the words must receive their 'usual and natural meaning.' Commonwealth v. Thomas, 359 Mass. 386, 387, 269 N.E.2d Page 904 277 (1971); Tilton v. Haverhill, 311 Mass. 572, 577, 42 N.E.2d 588 (1942). G.L. c. 4, § 6, Third. Statutory language sh......
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Klein v. Catalano
...according to their "usual and natural meaning." Commonwealth v. Gove, 366 Mass. 351, 354, 320 N.E.2d 900 (1974). Commonwealth v. Thomas, 359 Mass. 386, 387, 269 N.E.2d 277 General Laws c. 260, § 2B, as amended by St.1973, c. 777, § 2, provides that "[a]ctions of tort for damages arising out......
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State in Interest of Dino, No. 61283
...have held that a juvenile has a right to a jury trial. See, e.g., R.L.R. v. State, 487 P.2d 27 (Alaska 1971); Commonwealth v. Thomas, 359 Mass. 386, 269 N.E.2d 277 (1971); Peyton v. Nord, 78 N.M. 717, 437 P.2d 716 20 403 U.S. 528-547, 91 S.Ct. 1976, 1987, 29 L.Ed.2d 647 (1971). 21 See footn......
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Com. v. Lee
...325 Mass. 371, 373, 90 N.E.2d 549 (1950). Commonwealth v. Krasner, 358 Mass. 727, 729, 267 N.E.2d 208 (1971)." Commonwealth v. Thomas, 359 Mass. 386, 387, 269 N.E.2d 277, 278 (1971). See also Commonwealth v. McDuffee, --- Mass. ---, --- b, 398 N.E.2d 463 (1979). Compare Commonwealth v. Nizi......
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Com. v. Gove
...357 (1967). When the statutory language is plain, the words must receive their 'usual and natural meaning.' Commonwealth v. Thomas, 359 Mass. 386, 387, 269 N.E.2d Page 904 277 (1971); Tilton v. Haverhill, 311 Mass. 572, 577, 42 N.E.2d 588 (1942). G.L. c. 4, § 6, Third. Statutory language sh......
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Klein v. Catalano
...according to their "usual and natural meaning." Commonwealth v. Gove, 366 Mass. 351, 354, 320 N.E.2d 900 (1974). Commonwealth v. Thomas, 359 Mass. 386, 387, 269 N.E.2d 277 General Laws c. 260, § 2B, as amended by St.1973, c. 777, § 2, provides that "[a]ctions of tort for damages arising out......