Commonwealth v. Mooney
Massachusetts Supreme Judicial Court
Indictment for setting fire to the dwelling-house of Edward A. Allen, at Huntington, in the night-time of January 19, 1872. Trial in the Superior Court, before Dewey, J., who, after a verdict of guilty, allowed the following bill of exceptions : “ The Commonwealth introduced evidence to show that the fire was set by placing a box, filled with combustibles, against the door of the house, and firing the box; and that the fire was extinguished, but not till the box had become…
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Indictment for setting fire to the dwelling-house of Edward A. Allen, at Huntington, in the night-time of January 19, 1872. Trial in the Superior Court, before Dewey, J., who, after a verdict of guilty, allowed the following bill of exceptions : “ The Commonwealth introduced evidence to show that the fire was set by placing a box, filled with combustibles, against the door of the house, and firing the box; and that the fire was extinguished, but not till the box had become so far charred and destroyed that only parts of it were left. These parts were produced, and the Commonwealth offered a…
1Opinion of the Court
By the Court.
The witness Allen having testified to certain facts tending to prove the guilt of the defendant, it was not competent for the defendant to show what opinion the witness may have had or expressed upon the merits of the case. The fact that he had an opinion that the defendant was innocent would not tend to contradict or impeach him. At most, it only shows the weight he gave to the facts testified to by him as tending to prove the defendant’s guilt, which is for the jury exclusively, and upon which the opinion of witnesses is not competent.
Exceptions overruled.
2Cited by12 opinions
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
- Whipple v. RichMassachusetts Supreme Judicial Court · 1902
- McFadin v. CatronSupreme Court of Missouri · 1894
- Myers v. StateSupreme Court of Florida · 1901
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
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