Commonwealth v. Bond
Massachusetts Supreme Judicial Court
Indictment, alleging that the defendant at Oxford “ the barn of Frank Germain, otherwise called Frank A. Germain, feloniously, wilfully, and maliciously did set fire to and burn.”
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Indictment, alleging that the defendant at Oxford “ the barn of Frank Germain, otherwise called Frank A. Germain, feloniously, wilfully, and maliciously did set fire to and burn.” At the trial in the Superior Court, before Wardwell, J., there was evidence tending to show that the defendant was a boy sixteen years of age, and of rather below average intelligence; that having been summoned to appear at the Fire Marshal’s office, in Boston, he went there, accompanied by one Chaffee and one Scott, and without the knowledge of his father, and that the following interview took place between him and…
1Opinion of the CourtHolmes, J.
In regard to confessions, statements made in contemplation of death and the like, where there is a preliminary question of fact to be decided in order to determine the admissibility of the evidence in a criminal case, the practice is well settled in this State. The judge finds the fact in the first instance. If he is of opinion that the confession was not voluntary, or that when the declaration was made the speaker expected to recover, or, in general, that the preliminary facts were not such as to make the evidence admissible, he rejects it, and that is the end of the matter unless some…
2Cases cited15 opinions
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. PiperMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. PreeceMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. BishopMassachusetts Supreme Judicial Court · 1896
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. ChanceMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. PolianMassachusetts Supreme Judicial Court · 1934
- Commonwealth v. MakarewiczMassachusetts Supreme Judicial Court · 1956
- Commonwealth v. DanielsMassachusetts Supreme Judicial Court · 1975
13 more not listed; retrieve them via the Exa API.