Legal Opinion

Commonwealth v. Cleary

Massachusetts Supreme Judicial Court

Decided October 29, 1898PublishedCited by 45 opinions

Two indictments, each alleging that the defendant, on August 21, 1897, at Northampton, unlawfully and carnally knew and abused a female child of the age of fourteen years. At the trial in the Superior Court, before Fessenden, J., the jury returned a verdict of guilty in each case; and the defendants alleged exceptions, which appear in the opinion.

1Opinion of the CourtHolmes, J.

These are indictments for unlawfully abusing a female child under the age of sixteen years. St. 1893, c. 466, § 2. They come here on exceptions to evidence that the child “ made complaint to her [mother] the next morning after the occurrence as to what had been done to her by the defendants the night before.” It does not appear that more was admitted than the fact that the child made complaint, with sufficient to identify the subject matter, and therefore it is not necessary to *176consider whether the whole statement would have been admissible if offered, as the District Attorney asks us to…

2Cases cited7 opinions

  1. People v. . O'SullivanNew York Court of Appeals · 1887
  2. Commonwealth v. RoosnellMassachusetts Supreme Judicial Court · 1886
  3. State v. KinneySupreme Court of Connecticut · 1876
  4. State v. NilesSupreme Court of Vermont · 1874
  5. Commonwealth v. BondMassachusetts Supreme Judicial Court · 1897

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3Cited by45 opinions

  1. Commonwealth v. HelfantMassachusetts Supreme Judicial Court · 1986
  2. Commonwealth v. SherryMassachusetts Supreme Judicial Court · 1982
  3. Commonwealth v. BaileyMassachusetts Supreme Judicial Court · 1976
  4. Commonwealth v. MontaninoMassachusetts Supreme Judicial Court · 1991
  5. Commonwealth v. LavalleyMassachusetts Supreme Judicial Court · 1991

40 more not listed; retrieve them via the Exa API.

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