Legal Opinion

Commonwealth v. Rivet

Massachusetts Supreme Judicial Court

Decided May 16, 1910PublishedCited by 19 opinions

Indictment, found and returned on J.une 5,1908, charging the defendant with murdering one Joseph Gailloux at Lowell on February 29, 1908. In the Superior Court the defendant was tried before Harris and Hitchcock, JJ. The jury returned a verdict of guilty of murder in the first degree; and the defendant alleged exceptions," raising the questions which are stated in the opinion as well as others which were waived or were not argued by the defendant.

1Opinion of the CourtLoring, J.

1. Had there been no question as to the comprehension by this defendant of what a life insurance policy is, the evidence that he had made an application to a beneficiary organization of which he was a member for sick benefits for ten weeks during January, February, March and April, 1907, would not have been competent. The motive relied on by the Commonwealth was the intention to collect the amount of the policy on the life of the deceased, pledged to the defendant as security for a debt owed to him by the deceased. If the defendant in fact did not know what a life policy was and what rights…

2Cases cited7 opinions

  1. Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
  2. Edwards v. City of WorcesterMassachusetts Supreme Judicial Court · 1898
  3. Commonwealth v. TircinskiMassachusetts Supreme Judicial Court · 1905
  4. Geary v. StevensonMassachusetts Supreme Judicial Court · 1897
  5. Howe v. RayMassachusetts Supreme Judicial Court · 1873

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3Cited by19 opinions

  1. Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
  2. Posell v. HerscovitzMassachusetts Supreme Judicial Court · 1921
  3. Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
  4. Commonwealth v. FeciMassachusetts Supreme Judicial Court · 1920
  5. Commonwealth v. FestoMassachusetts Supreme Judicial Court · 1925

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