Ronan v. Dugan
Massachusetts Supreme Judicial Court
Complaint under the bastardy act, Gen. Sts. c. 72. At the trial in the Superior Court, before Brigham, C. J., without a jury, the complainant testified that she was delivered of a child on September 14,1877; and that it was begotten by the respondent on or about the last of- December 1876, or the first day of January 1877. There was no other evidence in regard to the birth of the child.
Read the full summary
Complaint under the bastardy act, Gen. Sts. c. 72. At the trial in the Superior Court, before Brigham, C. J., without a jury, the complainant testified that she was delivered of a child on September 14,1877; and that it was begotten by the respondent on or about the last of- December 1876, or the first day of January 1877. There was no other evidence in regard to the birth of the child. On cross-examination, the complainant was asked if she had had criminal intercourse with William Wallis, in February 1877. This was objected to by the complainant; and the judge ruled that, the complainant…
1Opinion of the CourtAmes, J.
In cases of this kind, the admissibility of evidence of illicit intercourse of the complainant with any man other than the defendant depends upon its relation to the time when the child was born. In Eddy v. Gray, 4 Allen, 435, where the intercourse offered to be proved occurred more than ten months before the birth, the evidence was held to be inadmissible, without proof that the period of gestation was prolonged beyond the usual duration. We see no reason why the same rule should not be followed where the intercourse offered to be proved took place less than seven and a half months before…
2Cited by6 opinions
- Swisher v. MaloneWest Virginia Supreme Court · 1888
- State v. KochWest Virginia Supreme Court · 1915
- Easdale v. ReynoldsMassachusetts Supreme Judicial Court · 1886
- Erickson v. SchmillNebraska Supreme Court · 1901
- State ex rel. Pickle v. PhillipsIndiana Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.