Commonwealth v. Ford
Massachusetts Supreme Judicial Court
Two indictments : the first charging the defendant with • the larceny of a quantity of oil, on December 13, 1879, at Boston ; the -second charging the defendant with an assault upon George F. McCausland, a police officer, at the same time and place.
Read the full summary
Two indictments : the first charging the defendant with • the larceny of a quantity of oil, on December 13, 1879, at Boston ; the -second charging the defendant with an assault upon George F. McCausland, a police officer, at the same time and place. The cases were tried together in the Superior Court, before Bacon, J., who allowed a bill of exceptions in substance as follows: The alleged assault was made at the time the officer arrested the defendant in the act of carrying away the oil which he is charged with stealing. The defendant contended that whatever assault he committed upon the…
1Opinion of the CourtEndicott, J.
The ruling in this case, whereby the. witness was precluded from looking at the printed report in the Boston Herald to refresh his memory, seems to have been made on the ground that the witness could not be allowed to refresh his memory from a printed copy of his own written report.
*66We are of opinion that this ruling was erroneous; and that the witness should have been allowed, for the purpose of refreshing his memory, to look at the printed report, which he stated, as of his own knowledge, was printed substantially as made by him. It was not contended that the written or printed report, or…
2Cited by37 opinions
- Commonwealth v. KennedyMassachusetts Supreme Judicial Court · 1897
- Bates v. PrebleSupreme Court of the United States · 1894
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Neff v. NeffSupreme Court of Connecticut · 1921
- Kipp v. SilvermanMontana Supreme Court · 1901
32 more not listed; retrieve them via the Exa API.