Legal Opinion

Commonwealth v. Myers

Massachusetts Supreme Judicial Court

Decided February 27, 1894PublishedCited by 22 opinions

Indictment, for the larceny of two whiffletrees, the property of Edwin V. Kinsley, on September 22, 1893, at Canton. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. The government offered in evidence an alleged confession of the defendant to one Richard Vanston, a police officer in the town of Stoughton.

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Indictment, for the larceny of two whiffletrees, the property of Edwin V. Kinsley, on September 22, 1893, at Canton. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. The government offered in evidence an alleged confession of the defendant to one Richard Vanston, a police officer in the town of Stoughton. The officer testified that he made the arrest of the defendant and one Sylvester, who was joined with the defendant in the indictment, upon the night of October 2, 1893; that he took the defendant to the lock-up in Stoughton; and that…

1Opinion of the CourtMorton, J.

The exclusion of the confession made to Vanston on the night of the arrest was correct. Commonwealth v. Nott, 135 Mass. 269. Commonwealth v. Preece, 140 Mass. 276. The point now is whether the questions to the defendant by the *532same officer, and the defendant’s answers thereto the next day in the district court, as testified to by a witness who heard them, were rightly admitted. It may be fairly assumed that the defendant was, to some extent at least, induced to answer as he did by Vanston’s knowledge derived from what he had himself told him. But the question is whether the answers were…

2Cases cited8 opinions

  1. Commonwealth v. PreeceMassachusetts Supreme Judicial Court · 1885
  2. Commonwealth v. CuffeeMassachusetts Supreme Judicial Court · 1871
  3. Commonwealth v. FlaggMassachusetts Supreme Judicial Court · 1883
  4. Commonwealth v. NottMassachusetts Supreme Judicial Court · 1883
  5. Commonwealth v. SegoMassachusetts Supreme Judicial Court · 1878

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3Cited by22 opinions

  1. Bram v. United StatesSupreme Court of the United States · 1897
  2. Commonwealth v. MahnkeMassachusetts Supreme Judicial Court · 1975
  3. Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
  4. Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1976
  5. State v. CrankUtah Supreme Court · 1943

17 more not listed; retrieve them via the Exa API.

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