Commonwealth v. Hayes
Massachusetts Supreme Judicial Court
Indictment, alleging that the defendant, on February 6, 1884, at Peabody, attempted to set fire to a building. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The government introduced evidence tending to prove that, between nine and ten o’clock in the evening of the day named in the indictment, a horse and buggy were driven up to the house of Sarah P. Farnham, in Peabody, and were turned round in the yard, and…
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Indictment, alleging that the defendant, on February 6, 1884, at Peabody, attempted to set fire to a building. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: The government introduced evidence tending to prove that, between nine and ten o’clock in the evening of the day named in the indictment, a horse and buggy were driven up to the house of Sarah P. Farnham, in Peabody, and were turned round in the yard, and stopped opposite an open shed, the buggy being twenty-nine feet from the door of the kitchen of the house when stopped. The…
1Opinion of the Court
By the Court.
The testimony of the witness Farnham, identifying the defendant by his voice, was competent. The weight of it was for the jury, but it was properly submitted to them, to be considered in connection with the other evidence of identity. Commonwealth v. Williams, 105 Mass. 62.
Exceptions overruled.
2Cases cited1 opinion
- Commonwealth v. CharlesMassachusetts Supreme Judicial Court · 1870
3Cited by13 opinions
- Patton v. StateSupreme Court of Georgia · 1903
- Rhea v. StateSupreme Court of Arkansas · 1912
- Commonwealth v. BestMassachusetts Supreme Judicial Court · 1902
- Mack v. StateSupreme Court of Florida · 1907
- State v. HerbertSupreme Court of Kansas · 1901
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