Commonwealth v. Doherty
Massachusetts Supreme Judicial Court
Indictment, on the Pub. Sts. c. 207, § 29, charging the defendant, at Boston, on December 11, 1882, and on divers other days and times between that day and the day of the finding of the indictment, July 1, 1883, with being an idle and disorderly person, and with neglecting all lawful business, and habitually misspending her time by frequenting houses of ill-fame, gaming-houses, and tippling-shops.
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Indictment, on the Pub. Sts. c. 207, § 29, charging the defendant, at Boston, on December 11, 1882, and on divers other days and times between that day and the day of the finding of the indictment, July 1, 1883, with being an idle and disorderly person, and with neglecting all lawful business, and habitually misspending her time by frequenting houses of ill-fame, gaming-houses, and tippling-shops. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: There was evidence on the part of the government, by the testimony of five policemen,…
1Opinion of the CourtHolmes, J.
When a material fact is not proved by direct testimony, but is left' to be inferred from the facts directly sworn to, the inference need not be a necessary one. There is a case for the jury, unless the inference either is forbidden by some special rule of law, or is declared unwarranted because too remote, according to the ordinary course of events. If there is a case for the jury, they are at liberty to use their general knowledge in determining what inferences are established beyond a reasonable doubt; and the facts inferred by them are as properly proved as if directly testified to.
We…
2Cited by43 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Carey v. New England Organ BankMassachusetts Supreme Judicial Court · 2006
- Commonwealth v. BonomiMassachusetts Supreme Judicial Court · 1957
- Alegata v. CommonwealthMassachusetts Supreme Judicial Court · 1967
- Commonwealth v. MontecalvoMassachusetts Supreme Judicial Court · 1975
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