Commonwealth v. Keyes
Massachusetts Supreme Judicial Court
Complaint on St. 1855, c. 215, § 15, for an unlawful sale of intoxicating liquor to John Walton. At the trial in the court of common pleas, before Bishop, J., Marshall Smith testified that he went with Walton into a shop where there were two or three women, one of whom poured out liquor for them, which Walton paid for.
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Complaint on St. 1855, c. 215, § 15, for an unlawful sale of intoxicating liquor to John Walton. At the trial in the court of common pleas, before Bishop, J., Marshall Smith testified that he went with Walton into a shop where there were two or three women, one of whom poured out liquor for them, which Walton paid for. On cross-examination, the witness said he had never been in the shop nor seen the women before, and did not know the woman’s name who helped them, until Walton told him after they had come out; and that Walton had left the State. The district attorney then asked the witness by…
1Opinion of the CourtMerrick, J.
The exception of the defendant rests upon the objection that she was debarred from proving the residue of a conversation of which a part had been produced in evidence in support of the prosecution against her. It is undoubtedly the general rule that whenever the statements, declarations or admissions of a party are made subjects of proof, all that was said by him at the same time and upon the same subject is admissible in his favor, and the whole should be taken and considered together. This is essential to a complete understanding of what he intended to express by the particular phrases and…
2Cases cited1 opinion
- Worthington v. CrabtreeCourt of Appeals of Kentucky · 1858
3Cited by2 opinions
- State v. FerroneSupreme Court of Connecticut · 1922
- State v. SorterSupreme Court of Kansas · 1893