Commonwealth v. Phillips
Massachusetts Supreme Judicial Court
Indictment, in three counts, for rape on Lizzie Berkman, Sarah Marcus, and Rosa Finklestein, on April 19, 1894; said Lizzie,. Sarah, and Rosa each being alleged to be under sixteen years of age. At the trial in the Superior Court, before Bond, J., the jury returned a verdict of assault with intent to rape Lizzie Berkman and Sarah Marcus, and not guilty on the count charging a rape on Rosa Finklestein. The defendant alleged exceptions, in substance as follows.
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Indictment, in three counts, for rape on Lizzie Berkman, Sarah Marcus, and Rosa Finklestein, on April 19, 1894; said Lizzie,. Sarah, and Rosa each being alleged to be under sixteen years of age. At the trial in the Superior Court, before Bond, J., the jury returned a verdict of assault with intent to rape Lizzie Berkman and Sarah Marcus, and not guilty on the count charging a rape on Rosa Finklestein. The defendant alleged exceptions, in substance as follows. The defendant, to show a motive for the prosecution, asked the mother of one of the girls, on cross-examination, if she had not said to…
1Opinion of the CourtBarker, J.
1. The exception to the refusal of the court to allow a witness for the defence to testify to a statement which had already been testified to upon cross-examination by a witness examined for the prosecution, is not argued upon the defendant’s brief, and is waived.
2. The defendant’s contention that the testimony of the children as to their own ages was incompetent, because hearsay, is unsound. Such testimony has been repeatedly held competent. See Hill v. Eldridge, 126 Mass. 234, and cases cited; also Commonwealth v. Stevenson, 142 Mass. 466.
3. There was no error in the instruction that to…
2Cases cited2 opinions
- Commonwealth v. StevensonMassachusetts Supreme Judicial Court · 1886
- Hill v. EldridgeMassachusetts Supreme Judicial Court · 1879
3Cited by15 opinions
- People v. ElcoMichigan Supreme Court · 1902
- Commonwealth v. HollisMassachusetts Supreme Judicial Court · 1898
- Chaney v. CommonwealthCourt of Appeals of Kentucky · 1912
- State v. DorathySupreme Judicial Court of Maine · 1934
- State v. ZihlavskyLouisiana Court of Appeal · 1987
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