Commonwealth v. Brown
Massachusetts Supreme Judicial Court
Indictment on the St. of 1886, c. 329, § 3, for seduction. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows.
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Indictment on the St. of 1886, c. 329, § 3, for seduction. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows. The government, against the defendant’s objection, was permitted to introduce in evidence a copy of the record of a trial justice, which recited that, upon the- defendant’s being duly brought before him upon a complaint for the offence in question, he pleaded guilty, and thereupon the magistrate ordered him to recognize for his appearance in the Superior Court for trial; and the defendant excepted. The judge, against the…
1Opinion of the CourtC. Allen, J.
1. The defendant’s plea of guilty before the magistrate was properly received as a confession.
2. For the purpose of refreshing the recollection of a witness who is forgetful, or apparently unwilling, and of bringing to his mind the transaction respecting which he hesitates to testify, the court may properly allow a question to be put to him whether he has not on another occasion made a statement in reference to it. If he says yes, one step is gained towards obtaining his direct testimony upon the matter which is material, and further questions are usually put in order to get if possible some…
2Cases cited1 opinion
- Bullard v. . PearsallNew York Court of Appeals · 1873
3Cited by10 opinions
- State v. BringgoldWashington Supreme Court · 1905
- Commonwealth v. HaywoodMassachusetts Supreme Judicial Court · 1923
- People v. SteinmetzNew York Court of Appeals · 1925
- Commonwealth v. MorrisonMassachusetts Appeals Court · 1973
- Commonwealth v. CrecorianMassachusetts Supreme Judicial Court · 1928
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