Commonwealth v. Harris
Massachusetts Supreme Judicial Court
Indictment for rape on Clarissa M. Robinson. At the trial in the Superior Court, before Aldrich, J., the defendant offered to show by a witness that, before the time of the alleged rape, the woman had committed adultery with the husband of the witness and with others. This evidence was excluded. The jury returned a verdict of guilty; and the defendant alleged exceptions.
1Opinion of the CourtMorton, J.
In a prosecution for rape, the character of the woman for chastity is involved in the issue, and may be impeached by general evidence of her reputation, but particular instances of criminal connection with other persons than the defendant are inadmissible. 3 Greenl. Ev. § 214, and cases cited. Commonwealth v. Regan, 105 Mass. 593. Commonwealth v. O’Brien, 119 Mass. 342. In the case at bar, the defendant offered evidence to show, not the general character of the woman, but particular instances of un chastity with persons other than himself. The court rightly rejected the evidence.
Exceptions…
2Cases cited2 opinions
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. ReganMassachusetts Supreme Judicial Court · 1870
3Cited by13 opinions
- Commonwealth v. GardnerMassachusetts Supreme Judicial Court · 1966
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 2005
- State v. OgdenOregon Supreme Court · 1901
- Miller v. CurtisMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. DiesMassachusetts Supreme Judicial Court · 1924
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