(Download) "Chin Kee v. Commonwealth" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Chin Kee v. Commonwealth
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 08, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
A plea of not guilty by the defendant at arraignment in a criminal proceeding in Massachusetts in 1932 left it open to him
to raise the defence of insanity at any time during his trial, and where the record of a murder conviction in that year showed
on writ of error compliance with G. L. c. 123, § 100A, as amended, by the department of mental diseases before the
murder trial, including a report that the defendant "has no mental disease or defect," it was held that he had lost no rights
with respect to the defence of insanity because he had been without counsel when he pleaded not guilty at his arraignment.
[158-159] A plea of not guilty by the defendant at arraignment in a criminal proceeding in Massachusetts in 1932 did not preclude him
from seasonably filing thereafter a motion to quash the complaint or indictment for a formal defect apparent on the face thereof
under G. L. c. 278, § 17, and the defendant in a murder case did not lose any rights with respect to such a motion
by not having had counsel when he pleaded not guilty at his arraignment. [160-161, 162]
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