Burns v. Donoghue
Massachusetts Supreme Judicial Court
Complaint for bastardy under R. L. c. 82, signed and sworn to in the Police Court of Holyoke on February 4, 1902. Supplemental complaint filed in Superior Court on October 28, 1902. At the trial in the Superior Court before Mason, C. J., the jury returned a verdict of guilty; and the defendant alleged exceptions.
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Complaint for bastardy under R. L. c. 82, signed and sworn to in the Police Court of Holyoke on February 4, 1902. Supplemental complaint filed in Superior Court on October 28, 1902. At the trial in the Superior Court before Mason, C. J., the jury returned a verdict of guilty; and the defendant alleged exceptions. The illustration in the judge’s charge excepted to by the defendant was the second of the illustrations contained in the following portion of the charge: “Now, it is not true that because a witness is inaccurate as to some of the circumstances and incidents connected with the story,…
1Opinion of the CourtMorton, J.
This is a bastardy complaint. There was a verdict of guilty and the case is here on exceptions to the admission of testimony, and to the charge.
1. The first exception was to the admission of the question put to the complainant, “Now, from the first, have you accused Donoghue of being the father of the child ? ” To which the witness answered, “ Yes, sir, I have.” The question and the answer *73were admitted subject to the defendant’s exception to show constancy of accusation. The next exception was of a like nature. The complainant’s mother was asked if she had ever heard her daughter accuse any…
2Cases cited8 opinions
- Commonwealth v. CliffordMassachusetts Supreme Judicial Court · 1887
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- Haskell v. Cape Ann Anchor WorksMassachusetts Supreme Judicial Court · 1901
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- Harrington v. HarringtonMassachusetts Supreme Judicial Court · 1871
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3Cited by8 opinions
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- Drummond v. DolanAppellate Division of the Supreme Court of the State of New York · 1913
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