Commonwealth v. Larrabee
Massachusetts Supreme Judicial Court
Indictment for larceny of a horse. At the trial in the superior court, before Reed, J., the principal witness for the Commonwealth was Samuel Stone, who had been indicted as an accomplice with the defendants in the larceny. Other witnesses were Charles Mclntire, Mrs. Blunt and her daughter, and two girls named Upton.
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Indictment for larceny of a horse. At the trial in the superior court, before Reed, J., the principal witness for the Commonwealth was Samuel Stone, who had been indicted as an accomplice with the defendants in the larceny. Other witnesses were Charles Mclntire, Mrs. Blunt and her daughter, and two girls named Upton. There were witnesses also whose names were not stated in the bill of exceptions; and after the defendants had testified in their own behalf the attorney for the Commonwealth called Isaac Munroe as a witness in reply. There was also testimony relating to one Lapham and one…
1Opinion of the CourtGray, J.
The testimony of accomplices is competent, and often necessary, to prove the commission of a crime. But, as it involves a confession of participation by the witness in the guilt charged, and is liable to be exaggerated from hope of pardon or fear of punishment, the law views it with peculiar suspicion; and it is usual to instruct the jury, as was done in this case, that it is unsafe to convict upon such evidence, unless corroborated in some material particular. This is said in some of the English cases to be rather a rule of practice than a rule of" law; but the statement of Lord Abinger in…
2Cases cited2 opinions
- The People v. . DyleNew York Court of Appeals · 1860
- People v. DavisNew York Supreme Court · 1839
3Cited by14 opinions
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1905
- Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. WilsonMassachusetts Supreme Judicial Court · 1890
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