Commonwealth v. O'Connor
Massachusetts Supreme Judicial Court
Indictment found at October term 1870 of the superior court in Suffolk, for adultery alleged to have been committed by the defendant with Mary J. Marshall on January 15,1870. At the trial, before Devens, J., Mary J. Marshall testified to several acts of adultery committed with her by the defendant, and among them to one as committed in a room in her father’s house at half past seven o’clock in the evening of the day alleged» The district attorney, upon the defendant’s motion…
Read the full summary
Indictment found at October term 1870 of the superior court in Suffolk, for adultery alleged to have been committed by the defendant with Mary J. Marshall on January 15,1870. At the trial, before Devens, J., Mary J. Marshall testified to several acts of adultery committed with her by the defendant, and among them to one as committed in a room in her father’s house at half past seven o’clock in the evening of the day alleged» The district attorney, upon the defendant’s motion that he should elect between these acts, elected to go to the jury on this adultery committed on January 15. The…
1Opinion of the CourtAmes, J.
1. The prosecuting officer, being called upon to elect upon which of several acts of adultery, described by the witness, he would go to the jury, made choice of one occurring at the place named on the evening of January 15. The time was more specifically identified by the circumstances attending the loss by the defendant of his ticket for admission to a fair. These circumstances made it certain, however, that the evening in question coidd not have been that of January 15, but of some date between February 7 and February 28. But the occasion, time and place could as well be identified by their…
2Cited by15 opinions
- State v. KochWyoming Supreme Court · 1948
- State v. ChisnellWest Virginia Supreme Court · 1892
- State v. CrimminsSupreme Court of Kansas · 1884
- State v. WilliamsSupreme Judicial Court of Maine · 1884
- Commonwealth v. CoyneMassachusetts Supreme Judicial Court · 1910
10 more not listed; retrieve them via the Exa API.