Legal Opinion

Commonwealth v. Nott

Massachusetts Supreme Judicial Court

Decided June 21, 1883PublishedCited by 17 opinions

Indictment charging the defendant with the larceny, on June 22, 1882, at Boston, of five pounds of bacon, in a building of one Aaron Kimball.

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Indictment charging the defendant with the larceny, on June 22, 1882, at Boston, of five pounds of bacon, in a building of one Aaron Kimball. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: Thomas Lowell, a police officer, was called as a witness for the government, and testified that the defendant, at the time alleged in the indictment, was a police officer, whose route included the building named in the indictment; that, in consequence of orders from his superior officer, the witness, on the night in question, by means of a key,…

1Opinion of the CourtC. Allen, J.

The words, “You had better tell the truth,” have sometimes been held or said to render a subsequent confession inadmissible, because they would probably be understood to mean that it would be better to say something, and that “ the truth ” in the mind of the speaker implied a confession of guilt. The Queen v. Jarvis, L. R. 1 C. C. 96, 99. Regina v. Fennell, 14 Cox C. C. 607. Regina v. Doherty, 13 Cox C. C. 23. But similar words, when not implying that the speaker expected a confession, but only the truth, have been held or said not to render a subsequent confession inadmissible. The Queen v.…

2Cases cited1 opinion

  1. Commonwealth v. LesterMassachusetts Supreme Judicial Court · 1880

3Cited by17 opinions

  1. Bram v. United StatesSupreme Court of the United States · 1897
  2. Commonwealth v. FordeMassachusetts Supreme Judicial Court · 1984
  3. State v. CrankUtah Supreme Court · 1943
  4. Commonwealth v. PreeceMassachusetts Supreme Judicial Court · 1885
  5. Commonwealth v. RonchettiMassachusetts Supreme Judicial Court · 1955

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