Legal Opinion

Commonwealth v. Brewer

Massachusetts Supreme Judicial Court

Decided November 27, 1895PublishedCited by 25 opinions

Indictment, for the manslaughter of Gideon W. Lattimer, on- December 13, 1894, at Lynn. At the trial in the Superior Court, before Gaskill, J., the following facts were not in dispute. Lattimer was a single man, and the defendant was a single woman. For some months before December 13,1894, an engagement of marriage had existed between Lattimer and the defendant, and there had been illicit relations between them.

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Indictment, for the manslaughter of Gideon W. Lattimer, on- December 13, 1894, at Lynn. At the trial in the Superior Court, before Gaskill, J., the following facts were not in dispute. Lattimer was a single man, and the defendant was a single woman. For some months before December 13,1894, an engagement of marriage had existed between Lattimer and the defendant, and there had been illicit relations between them. On the morning of December 13, 1894, Lattimer called at a house in Lynn where the defendant lived, met her at the exterior door and went with her to a chamber in the house, where they…

1Opinion of the CourtHolmes, J.

1. If the exclusion of the question to the defendant, “ In October did you have a miscarriage ? ” was wrong, which we do not intimate, in the absence of an offer to connect the fact with the defendant’s condition in the middle of Deceznber, it was cured by afterwards allowing her to testify that on the day of the shooting she was suffering from the effects of a miscarz’iage, and was weakened by reason of it.

2. The question whether - there was a change in Lattimer’s habits with reference to drinking between October 20 and December 13 was immaterial. The defendant was allowed to prove his…

2Cases cited2 opinions

  1. Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
  2. Commonwealth v. PreeceMassachusetts Supreme Judicial Court · 1885

3Cited by25 opinions

  1. Commonwealth v. PolianMassachusetts Supreme Judicial Court · 1934
  2. State v. PhillipsSupreme Court of Iowa · 1902
  3. State v. GazerroSupreme Court of Rhode Island · 1980
  4. State v. DorisOregon Supreme Court · 1908
  5. Commonwealth v. BishopMassachusetts Supreme Judicial Court · 1896

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