Commonwealth v. Densmore
Massachusetts Supreme Judicial Court
Indictment for manslaughter of Jacob Kreitz, by beating him to an affray. At the trial in- the superior court, before RocJcwell, J., Zreitz’s wife testified, for the Commonwealth, that after midnight some persons knocked at the door of his house, and called for him, he having retired ■ and he asked them what they wanted, and the reply was for him to open the door; that he got an axe, and she got a stick, and she opened the door and he stepped out, asked them what they were…
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Indictment for manslaughter of Jacob Kreitz, by beating him to an affray. At the trial in- the superior court, before RocJcwell, J., Zreitz’s wife testified, for the Commonwealth, that after midnight some persons knocked at the door of his house, and called for him, he having retired ■ and he asked them what they wanted, and the reply was for him to open the door; that he got an axe, and she got a stick, and she opened the door and he stepped out, asked them what they were doing there at that time, and threatened to ose the axe on their heads, if they did not leave; that after some further…
1Opinion of the CourtBigelow, C. J.
The rulings of the court, rejecting the evidence offered in behalf of the defendants as set forth in the exceptions, were clearly right.
1. The declarations of the deceased, on whom the homicidal assault is alleged to have been committed, came within the class or description denominated hearsay evidence. Nor were they made under such circumstances as to bring them within the exceptions to the rule which excludes such evidence as incompetent. They were not uttered so nearly contemporaneously with the principal fact as to constitute part of the res gestee. They were uttered several hours after…
2Cited by2 opinions
- Shields v. StateIndiana Supreme Court · 1897
- State v. BradySupreme Court of New Jersey · 1904