Commonwealth v. Tatisos
Massachusetts Supreme Judicial Court
Indictment, found and returned on September 10,1920, charging the defendant with assault with intent to commit rape upon one Catherine M., called Mabel, Stafford, a child about five years and ten months of age at the time of the assault. There was a trial in the Superior Court before Cox, J., and the Commonwealth offered Catherine M. Stafford, then just past six years of age, as a witness.
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Indictment, found and returned on September 10,1920, charging the defendant with assault with intent to commit rape upon one Catherine M., called Mabel, Stafford, a child about five years and ten months of age at the time of the assault. There was a trial in the Superior Court before Cox, J., and the Commonwealth offered Catherine M. Stafford, then just past six years of age, as a witness. The judge interrogated her, and she answered as follows: Q. “I am going to ask you some more questions. You don’t mind, do you? ” A. “ No.” (Shakes her head.) — Q. “ What is your name?” A. “Mabel Stafford.”…
1Opinion of the CourtJenney, J.
In the trial of an indictment for an assault with, intent to commit rape upon Catherine M. Stafford, a child about five years and ten months old at the time of the alleged assault, and “just past” six years at the time of the trial, the child was permitted to give material evidence in behalf of the Comm on - wealth. The sole exception is to her competency as a witness.
It is clear that the tender years of the child did not disqualify her. While age is of importance, it is not the test. The child might have been much older and still have been unqualified to give testimony. Her capacity to…
2Cases cited9 opinions
- Wheeler v. United StatesSupreme Court of the United States · 1895
- Commonwealth v. ReaganMassachusetts Supreme Judicial Court · 1900
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1896
- Commonwealth v. TeregnoMassachusetts Supreme Judicial Court · 1919
- Commonwealth v. LynesMassachusetts Supreme Judicial Court · 1886
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3Cited by39 opinions
- Commonwealth v. DockhamMassachusetts Supreme Judicial Court · 1989
- Commonwealth v. WelcomeMassachusetts Supreme Judicial Court · 1964
- Demoulas v. DemoulasMassachusetts Supreme Judicial Court · 1998
- Commonwealth v. WhiteheadMassachusetts Supreme Judicial Court · 1980
- Commonwealth v. BergstromMassachusetts Supreme Judicial Court · 1988
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