Commonwealth v. Durfee
Massachusetts Supreme Judicial Court
Indictment for adultery with Esther Haskins., Trial in the superior court, before Brigham, J., who allowed a bill of exceptions of which the following are the material parts: Samuel B. Bumpas, a witness for the Commonwealth, after testifying tó seeing the performance of the criminal act at a particular place on his farm, was allowed, against the defendant’s objection, to testify further as follows : “ I have seen the parties walking and sitting together many times at various…
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Indictment for adultery with Esther Haskins., Trial in the superior court, before Brigham, J., who allowed a bill of exceptions of which the following are the material parts: Samuel B. Bumpas, a witness for the Commonwealth, after testifying tó seeing the performance of the criminal act at a particular place on his farm, was allowed, against the defendant’s objection, to testify further as follows : “ I have seen the parties walking and sitting together many times at various places on my farm when no other person was with them. I have seen them sitting together under the trees. I have seen…
1Opinion of the CourtChapman, C. J.
1. Evidence of an act of adultery may be corroborated by evidence of prior acts of familiarity between the parties. Commonwealth v. Merriam, 14 Pick. 518. The defendant’s exceptions do not show that the acts of familiarity proved in this case were subsequent to the alleged act of adultery.
2. But the verdict was not regularly rendered. Even in civil cases it is required that, if the jury separate after being sent out, the fact that they agreed before they separated shall be evidenced by a verdict sealed up and brought into court. Less strictness ought not to be tolerated in a criminal case…
2Cited by15 opinions
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
- United States v. BennettU.S. Circuit Court for the District of Southern New York · 1879
- United States v. James J. D'AntonioCourt of Appeals for the Seventh Circuit · 1965
- Grant v. StateSupreme Court of Florida · 1894
- Commonwealth v. TobinMassachusetts Supreme Judicial Court · 1878
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