Legal Opinion

Commonwealth v. O'Brien

Massachusetts Supreme Judicial Court

Decided January 4, 1876PublishedCited by 31 opinions

Indictment charging the defendant with an assault on July 7, 1875, on James M. Ellis, with a certain dangerous weapon, to wit, with a knife, with the intent to kill. Trial in the Superior Court before Bacon, J., who allowed a bill of exceptions in substance as follows: During the trial one Philip Wachtell, a dealer in hardware, was asked by the district attorney if he had ever seen the defendant before; and he answered, “ I can’t swear I ever did.

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Indictment charging the defendant with an assault on July 7, 1875, on James M. Ellis, with a certain dangerous weapon, to wit, with a knife, with the intent to kill. Trial in the Superior Court before Bacon, J., who allowed a bill of exceptions in substance as follows: During the trial one Philip Wachtell, a dealer in hardware, was asked by the district attorney if he had ever seen the defendant before; and he answered, “ I can’t swear I ever did. I am not sure he is the man.” He then proceeded to state that about six o’clock, on the evening of July 7, 1875, a man came to his shop, looked…

1Opinion of the CourtEndicott, J.

The defendant called witnesses who testified to his general reputation as a peaceable and quiet citizen. The government was then allowed to prove that the defendant had been indicted for an assault, and to put in evidence an indictment, *345wherein he was, with other persons, indicted for an assault upon one John Walsh. To this indictment it appeared that the defendants pleaded not guilty; two days afterwards satisfaction was filed, and on the day following the plea was retracted by the defendants, and they pleaded guilty. The indictment was then placed on file on payment of costs, which were…

2Cases cited3 opinions

  1. Clark v. BrownMassachusetts Supreme Judicial Court · 1875
  2. Commonwealth v. HardyMassachusetts Supreme Judicial Court · 1807
  3. Peterson v. MorganMassachusetts Supreme Judicial Court · 1874

3Cited by31 opinions

  1. Berger v. StateCourt of Appeals of Maryland · 1941
  2. Zirkle v. CommonwealthSupreme Court of Virginia · 1949
  3. Paulson v. StateWisconsin Supreme Court · 1903
  4. Commonwealth v. BinkiewiczMassachusetts Supreme Judicial Court · 1961
  5. Moulton v. StateSupreme Court of Alabama · 1889

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