Commonwealth v. Campbell
Massachusetts Supreme Judicial Court
Indictment for murder, by shooting William Currier on the 14th of July 1863. The trial took place in December 1863, before Bigelow, C. J., and Metcalf, Merrick and Hoar, JJ. Foster, A. G., appeared for the Commonwealth, and J. G. Abbott 8f B. F. Russell, for the prisoner.
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Indictment for murder, by shooting William Currier on the 14th of July 1863. The trial took place in December 1863, before Bigelow, C. J., and Metcalf, Merrick and Hoar, JJ. Foster, A. G., appeared for the Commonwealth, and J. G. Abbott 8f B. F. Russell, for the prisoner. The homicide was committed near the armory in Cooper Street, in Boston, at about seven o’clock in the evening, during a riot which grew out of the enforcement of a draft of men for the army; and the evidence offered by the government tended to show, that the prisoner was there participating in the riot, with a large number…
1Opinion of the CourtBigelow, C. J.
The rule is a familiar one in criminal procedure, that a party cannot be proved guilty of one offence by evidence that at a different time and place he was guilty of committing a similar crime. Such evidence has no tendency to *542prove the substance of the issue. But this rule is applicable only to cases where the offence charged and that offered to be proved are distinct. It has no legitimate application where the subject matter under investigation is of such a nature that it may consist of several stages or continuous acts, all constituting one transaction. In the case before us, the theory on…
2Cited by36 opinions
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- Commonwealth v. RedlineSupreme Court of Pennsylvania · 1958
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- MacKey v. Compass Marketing, Inc.Court of Appeals of Maryland · 2006
- Commonwealth v. AlmeidaSupreme Court of Pennsylvania · 1949
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