Commonwealth v. Reagan
Massachusetts Supreme Judicial Court
Indictment, charging an assault in May, 1899, upon a little girl who was born in November, 1893. At the trial on June 23, 1899, before Dewey, J., she was called as a witness by the government and allowed to testify. After a verdict of guilty the case was reported for the determination of this court.
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Indictment, charging an assault in May, 1899, upon a little girl who was born in November, 1893. At the trial on June 23, 1899, before Dewey, J., she was called as a witness by the government and allowed to testify. After a verdict of guilty the case was reported for the determination of this court. If there was error prejudicial to the rights of the defendant in admitting her testimony, the verdict was to be set aside and such order entered as to this court should seem proper “ to the end that the prosecution be terminated and the defendant discharged.” The other material facts appear in the…
1Opinion of the CourtHammond, J.
As the result of the voir dire examination of the witness the judge was of the opinion that she was not competent, but no formal order or ruling was made, and he permitted her to be sworn and to testify, stating that he should leave the question of her competency to the jury. In his charge to them he gave full and careful instructions as to the law material to that issue, and told them that if they found her competent they should take her statements as evidence, other*336wise they were to disregard all she had said, and deal with the case as though she had not been called. The evidence as to her…
2Cases cited23 opinions
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Lester v. StateSupreme Court of Florida · 1896
- Commonwealth v. PreeceMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. CulverMassachusetts Supreme Judicial Court · 1879
- Holcomb v. HolcombSupreme Court of Connecticut · 1859
18 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. PolianMassachusetts Supreme Judicial Court · 1934
- Demoulas v. DemoulasMassachusetts Supreme Judicial Court · 1998
- State v. StacySupreme Court of Vermont · 1932
- Commonwealth v. MasskowMassachusetts Supreme Judicial Court · 1972
25 more not listed; retrieve them via the Exa API.