Commonwealth v. Rodziewicz
Massachusetts Supreme Judicial Court
Indictment, found and returned on May 15, 1912, for wilfully and maliciously burning a building, a part of which was occupied by the defendant. At the trial in the Superior Court before Hall, J., the Commonwealth called as a witness a member of the State police who in the course of his duty had had a large experience in investigating fires and had testified many times as an expert in fire cases.
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Indictment, found and returned on May 15, 1912, for wilfully and maliciously burning a building, a part of which was occupied by the defendant. At the trial in the Superior Court before Hall, J., the Commonwealth called as a witness a member of the State police who in the course of his duty had had a large experience in investigating fires and had testified many times as an expert in fire cases. Against the objection and under the exception of the defendant he was allowed to testify that in his opinion based upon an investigation of the premises made on the day of the fire there had been six…
1Opinion of the CourtLoring, J.
The testimony of the witness as to the conclusions drawn by him from what he saw was not admissible as the conclusions made by an ordinary witness from observation of things which cannot be reproduced and therefore although involving opinion admitted ex necessitate, as to which see Commonwealth v. Sturtivant, 117 Mass. 122, 133; Beverley v. Boston Elevated Railway, 194 Mass. 450; Partelow v. Newton & Boston Street Railway, 196 Mass. 24; Jenkins v. Weston, 200 Mass. 488.
Doubtless there are cases where the effect of some kinds of fire upon some kinds of material substance is not a matter of…
2Cases cited7 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Higgins v. DeweyMassachusetts Supreme Judicial Court · 1871
- Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Beverley v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Jenkins v. WestonMassachusetts Supreme Judicial Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Commonwealth v. RhoadesMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. HarrisMassachusetts Appeals Court · 1973
- Burrow v. StateCourt of Criminal Appeals of Texas · 1972
- Reed v. Canada Dry Corp.Massachusetts Appeals Court · 1977
- Bradford v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1916
2 more not listed; retrieve them via the Exa API.