Legal Opinion

Commonwealth v. Gray

Massachusetts Supreme Judicial Court

Decided September 6, 1880PublishedCited by 24 opinions

Indictment for adultery with. Elizabeth Kirwan. At the trial in the Superior Court, before Bacon, J., the government offered evidence tending to show that the defendant and Elizabeth Kirwan occupied a room in a lodging-house in Boston as husband and wife, for a period of about four weeks. The defendant offered evidence to show that the general character of Elizabeth Kirwan for chastity was good. The government objected to the evidence; and the judge excluded it.

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Indictment for adultery with. Elizabeth Kirwan. At the trial in the Superior Court, before Bacon, J., the government offered evidence tending to show that the defendant and Elizabeth Kirwan occupied a room in a lodging-house in Boston as husband and wife, for a period of about four weeks. The defendant offered evidence to show that the general character of Elizabeth Kirwan for chastity was good. The government objected to the evidence; and the judge excluded it. The jury returned a verdict of guilty; and the defendant alleged exceptions.

1Opinion of the CourtLord, J.

Evidence which tends directly to prove or disprove the issue which the pleadings in any case present is always competent. It may have more or less weight, but it is the right of the party offering it to have it considered by the jury. It rarely, however, happens, in the trial of a cause, that such evidence only is offered. This is especially true in every case in which the party having the burden of proof attempts to sustain it wholly by circumstantial evidence. In such case, every circumstance which is admitted in evidence becomes material, and may be controverted. Nor is the materiality of…

2Cases cited3 opinions

  1. Commonwealth v. MorrellMassachusetts Supreme Judicial Court · 1868
  2. Commonwealth v. KendallMassachusetts Supreme Judicial Court · 1873
  3. O'Connor v. HallinanMassachusetts Supreme Judicial Court · 1870

3Cited by24 opinions

  1. Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
  2. Sutton v. StateSupreme Court of Georgia · 1906
  3. State v. EgglestonOregon Supreme Court · 1904
  4. Rasnake v. CommonwealthSupreme Court of Virginia · 1923
  5. Empire Life Insurance v. EinsteinCourt of Appeals of Georgia · 1913

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