Commonwealth v. Bowden
9 Mass. 494
Mass.1813Check TreatmentThe ancient strictness of the law upon this subject has very much abated in the English courts; nor would it be consistent with the genius of our government or laws to use compulsory means to effect an agreement among jurors. The practice of withdrawing a juror, where there existed no prospect of a verdict, has frequently been adopted at criminal trials in this Court, and the exception taken in this case cannot prevail.
The defendant took nothing by his motion.