Legal Opinion

Commonwealth v. Snow

Massachusetts Supreme Judicial Court

Decided January 15, 1873PublishedCited by 18 opinions

Indictment charging the defendant with having committed sodomy with Willard A. Smith. Trial in the Superior Court in Suffolk, before Lord, J. Willard A. Smith testified “that on Sunday, August 20,1871, between 12 and 1 o’clock, he was passing the building where the defendant had his rooms, and saw the defendant sitting at his window; that the defendant asked him to come up; that he went up, and the defendant locked the outside door ; that then the defendant committed the act…

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Indictment charging the defendant with having committed sodomy with Willard A. Smith. Trial in the Superior Court in Suffolk, before Lord, J. Willard A. Smith testified “that on Sunday, August 20,1871, between 12 and 1 o’clock, he was passing the building where the defendant had his rooms, and saw the defendant sitting at his window; that the defendant asked him to come up; that he went up, and the defendant locked the outside door ; that then the defendant committed the act charged; that while in the act, the witness heard a loud rapping at the outside door, and the defendant went down and…

1Opinion of the CourtWeils, J.

Three questions only are presented upar this report

*4161. As to the competency of a certain admission by the defendant, testified to by Emerson.

The fact that the defendant attempted to commit, with Emerson, a like offence to that charged in the indictment, was not competent, by itself. It was necessary to be shown, in order to give character and significance to the accompanying declaration, and appears to have been admitted for that purpose only. It was competent for that purpose, if the declaration itself was admissible.

It is true, as the defendant contends, that other instances of a like offence…

2Cited by18 opinions

  1. Commonwealth v. GallantMassachusetts Supreme Judicial Court · 1977
  2. Commonwealth v. FreibergMassachusetts Supreme Judicial Court · 1989
  3. Commonwealth v. MichelMassachusetts Supreme Judicial Court · 1975
  4. Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
  5. Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1879

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