Brooks v. Brooks
Massachusetts Supreme Judicial Court
Libel bob divorce, filed April 15,1887, charging the libellee with committing adultery with Charles R. Percival, on June 15, 1886, at Boston, on June 25, 26, 27, 1886, at Revere, on June 26,1886, at Boston, and on September 21,1886, at Revere.
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Libel bob divorce, filed April 15,1887, charging the libellee with committing adultery with Charles R. Percival, on June 15, 1886, at Boston, on June 25, 26, 27, 1886, at Revere, on June 26,1886, at Boston, and on September 21,1886, at Revere. The case was heard before jField, J., who allowed a bill of exceptions, in substance as follows: The libellant offered evidence that sexual intercourse was had by the libellee with said Percival, at a hotel in Boston, in the forenoon -of the day of the marriage, and before the marriage, which was on June 15,1886, and also offered evidence of certain…
1Opinion of the CourtHolmes, J.
It is settled that evidence of indecent familiarities with the person with whom adultery is charged, and even of sexual intercourse with him, at other times after marriage, is admissible to explain the character of ambiguous conduct relied on as evidence of the act of adultery in issue. Thayer v. Thayer, 101 Mass. 111. Commonwealth v. Nichols, 114 Mass. 285. Commonwealth v. Merriam, 14 Pick. 518. There can be no doubt that evidence of sexual intercourse on the morning of the marriage, and of acts of familiarity shortly before, tends in like manner to explain doubtful conduct shortly after it.…
2Cases cited3 opinions
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
- Van Epps v. Van EppsNew York Supreme Court · 1848
3Cited by5 opinions
- Proper v. StateWisconsin Supreme Court · 1893
- State v. MoreSupreme Court of Iowa · 1901
- Glean v. GleanAppellate Division of the Supreme Court of the State of New York · 1902
- White v. ElyMassachusetts Supreme Judicial Court · 1919
- Cournoyer v. BurnesMassachusetts District Court, Appellate Division · 1936