Young v. Makepeace
Massachusetts Supreme Judicial Court
Complaint under the Gen. Sts. c. 72,.charging the defendant with being the father of a bastard child, of which the complainant was delivered May 4, 1868. The defendant gave bond to the complainant, conditioned to appear and answer to the complaint, and abide the order of the court thereon.
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Complaint under the Gen. Sts. c. 72,.charging the defendant with being the father of a bastard child, of which the complainant was delivered May 4, 1868. The defendant gave bond to the complainant, conditioned to appear and answer to the complaint, and abide the order of the court thereon. Trial in the superior court, before Pitman, J., who, after a verdict of guilty, allowed a bill of exceptions in substance as follows: “ The physician who attended at the birth of the child1 was a witness, and was asked whether in his opinion it was a full time child of the usual period of forty weeks. He…
1Opinion of the CourtWells, J.
1. Whether a child was a “ full time child ” is not a question for experts, but may be testified to by any physician of ordinary experience, who attended at the birth.
2. The declarations and acts of Dean, not in the presence of the complainant “ or brought home to her knowledge,” were rightly excluded, as not in furtherance of the common purpose of the alleged subsequent conspiracy. The claim that they were admissible, as a part of the res gestee of the conspiracy, is founded upon a misapprehension of what constitutes the res gestee. The object of the supposed conspiracy was, not to beget the…
2Cited by25 opinions
- Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
- Roberge v. BurnhamMassachusetts Supreme Judicial Court · 1878
- Oceanic Villas, Inc. v. Godson, Et Ux.Supreme Court of Florida · 1941
- State v. TiemanWashington Supreme Court · 1903
- Grella v. Lewis Wharf Co.Massachusetts Supreme Judicial Court · 1912
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