Legal Opinion

Commonwealth v. Vose

Massachusetts Supreme Judicial Court

Decided November 23, 1892PublishedCited by 40 opinions

Indictment for committing an abortion on one Mary Tallon, on November 1,1891, at Somerset. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows.

Read the full summary

Indictment for committing an abortion on one Mary Tallon, on November 1,1891, at Somerset. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows. One Berube was called as a witness by the government, and testified through an interpreter that he went with Mary Tallón on a certain night in October, 1891, to the defendant’s house in South Somerset, and when they had entered the house a conversation in the French and English languages took place between Mary Tallón and the defendant; and that the defendant’s wife acted as interpreter for them on…

1Opinion of the CourtKnowlton, J.

The defendant excepted to the admission in evidence of a conversation between him and the deceased person carried on through an interpreter, he speaking English and she French, and the witness understanding only French.

When two persons who speak different languages and who cannot understand each other converse through an interpreter, they adopt a mode of communication in which they assume that the interpreter is trustworthy, and which makes his language presumptively their own. Each acts upon the theory that the interpretation is correct. Each impliedly agrees that his language *395may be…

2Cited by40 opinions

  1. In Re Estate of OlsonSupreme Court of Minnesota · 1929
  2. People v. RomeroNew York Court of Appeals · 1991
  3. United States v. KauffmanUnited States Court of Military Appeals · 1963
  4. Terrapin v. BarkerSupreme Court of Oklahoma · 1910
  5. Kelly v. Ning Yung Benevolent Ass'nCalifornia Court of Appeal · 1905

35 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API