Commonwealth v. Nichols
Massachusetts Supreme Judicial Court
Indictment alleging that the defendant, June 25, 1872, at Brighton, in the county of Middlesex, committed adultery with one Antoinette M. Morris. At the trial in the Superior Court, before Pitman, J., the defendant testified in his own behalf that he never had criminal intercourse with Antoinette M. Morris in Middlesex County.
Read the full summary
Indictment alleging that the defendant, June 25, 1872, at Brighton, in the county of Middlesex, committed adultery with one Antoinette M. Morris. At the trial in the Superior Court, before Pitman, J., the defendant testified in his own behalf that he never had criminal intercourse with Antoinette M. Morris in Middlesex County. On cross-examination he was asked this question, “ Did you within a few weeks either way have criminal intercourse with Miss Morris anywhere ? ” He declined to answer the question on the ground that it would tend to criminate him, but the court ruled that he must…
1Opinion of the CourtGray, C. J.
By the common law, a witness cannot be obliged to criminate himself, and may therefore refuse to testify to any facts which will tend to prove him guilty of a crime. But his refusal must be made at the beginning of his examination upon the issue whether a crime has been committed by him. If he answers any questions upon that subject, he cannot afterwards interpose his privilege, but is liable to be fully examined "and cross-examined upon the matter. Foster v. Pierce, 11 Cush. 437. Commonwealth v. Price, 10 Gray, 472.
A party to the cause, who voluntarily offers himself as a witness, is…
2Cases cited5 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- Inhabitants of Woburn v. HenshawMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. HarlowMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. MullenMassachusetts Supreme Judicial Court · 1867
- Town of Norfolk v. GaylordSupreme Court of Connecticut · 1859
3Cited by59 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- People v. . O'SullivanNew York Court of Appeals · 1887
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- Boyle v. StateIndiana Supreme Court · 1886
- State v. TaylorWest Virginia Supreme Court · 1905
54 more not listed; retrieve them via the Exa API.