Commonwealth v. Quinn
Massachusetts Supreme Judicial Court
Indictment for burning the barn of Edward L. Pierce, in Milton. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, which, so far as material to the points decided, is as follows.
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Indictment for burning the barn of Edward L. Pierce, in Milton. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, which, so far as material to the points decided, is as follows. Among other evidence tending to show that the defendant committed the offence in question, a police officer of Milton testified that at about eleven o’clock P. M. on July 7, 1889, as he was near the barn in question, he heard a crackling sound and smelt smoke; that upon proceeding to a point still nearer the barn, he saw a man running on Mr. Pierce’s land at the rear of the barn, and,…
1Opinion of the CourtW. Allen, J.
The evidence of the conversations with the defendant in regard to the robbery of Mr. Pierce’s house was competent to show ill will by the defendant to Mr. Pierce, and threats against him. The conversations were more than three years before the burning. The lapse of time would not render the evidence legally incompetent. Its effect would be upon the weight to be given to the evidence, in view of all the circumstances, and its admission rests largely in the discretion of the trial court. Commonwealth v. Bradford, 126 Mass. 42. The circumstances might be such as to make it proper for the court…
2Cases cited1 opinion
- Commonwealth v. BradfordMassachusetts Supreme Judicial Court · 1878
3Cited by18 opinions
- Commonwealth v. DiMarzoMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. RetkovitzMassachusetts Supreme Judicial Court · 1915
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1908
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1892
- Lambrecht v. SchreyerSupreme Court of Minnesota · 1915
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