Legal Opinion

Commonwealth v. Curtis

Massachusetts Supreme Judicial Court

Decided November 15, 1867PublishedCited by 13 opinions

Indictment, presented January 1, 1867, for adultery with one Susan Edgerly at Haverhill on August 1,1866. At the trial in the superior court, before Brigham, J., the government introduced evidence tending to show that on May 3, 1854, the defendant was married at Portsmouth in New.Hampshire to Almira S. Edgerly, who was living at the time of the finding of the indictment; that in July 1866 he hired and began to occupy a house in Haverhill, and that, immediately afterwards,…

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Indictment, presented January 1, 1867, for adultery with one Susan Edgerly at Haverhill on August 1,1866. At the trial in the superior court, before Brigham, J., the government introduced evidence tending to show that on May 3, 1854, the defendant was married at Portsmouth in New.Hampshire to Almira S. Edgerly, who was living at the time of the finding of the indictment; that in July 1866 he hired and began to occupy a house in Haverhill, and that, immediately afterwards, Susan Edgerly, a younger sister of his wife, came to it, and resided there with him until his arrest in this prosecution ;…

1Opinion of the CourtFoster, J.

The defendant’s confession was made to the officer who had him in custody immediately after he had been *578told by the officer that “ as a general thing it was better for a man who was guilty to plead guilty, for he got a lighter sentence.” It is true that this remark was in reply to an inquiry by the prisoner' whether he should advise him to plead guilty, and that the officer premised by saying that “ he did not wish to advise him one way or the other for fear it might not suit him.” But. we do not think any different rule is to be applied because the prisoner introduced the conversation on the…

2Cited by13 opinions

  1. Commonwealth v. MeehanMassachusetts Supreme Judicial Court · 1979
  2. Commonwealth v. MandileMassachusetts Supreme Judicial Court · 1986
  3. Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
  4. State v. WintzingerodeOregon Supreme Court · 1881
  5. Commonwealth v. ShermanMassachusetts Supreme Judicial Court · 1936

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