Commonwealth v. Crowley
Massachusetts Supreme Judicial Court
Indictment for manslaughter, in causing the death of John B. Burns by stabbing him with a knife, on May 4, 1895, at Boston. After the former decision, reported 165 Mass. 569, the case was tried in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows.
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Indictment for manslaughter, in causing the death of John B. Burns by stabbing him with a knife, on May 4, 1895, at Boston. After the former decision, reported 165 Mass. 569, the case was tried in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. It appeared in evidence, on the part of the defence, that the defendant and his brother were in the saloon of one Jacobs on the evening of May 4,1895, and that while there the defendant’s, brother David was struck by Bums; that Burns and David fought upon the sidewalk; and that they fell, and Burns, who…
1Opinion of the CourtAllen, J.
The objection most relied on relates to the exclusion of the evidence of Bennett. At the beginning of the trial, the presiding judge had passed an order, at the defendant’s request, excluding the witnesses on both sides from the court room. There was no exception in favor of Bennett, or of any class of witnesses; and Bennett did not withdraw, but remained in court, taking notes of the testimony as an assistant to the defendant’s counsel. He had also taken notes at a former trial of this case; and he was now called as a witness for the purpose of contradicting a witness for the government, by…
2Cases cited13 opinions
- Holder v. United StatesSupreme Court of the United States · 1893
- Jackson v. StateIndiana Supreme Court · 1860
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1896
- State ex rel. Steigerwald v. ThomasIndiana Supreme Court · 1887
- Bird v. StateSupreme Court of Georgia · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1981
- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. MulreyMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. CapalboMassachusetts Supreme Judicial Court · 1941
- Commonwealth v. GagneMassachusetts Supreme Judicial Court · 1975
13 more not listed; retrieve them via the Exa API.