Scott v. Donovan
Massachusetts Supreme Judicial Court
Two COMPLAINTS under the bastardy act, Pub. Sts. c. 85. The cases were tried in the Superior Court, before Barker, J., at the May sitting, 1890. It appeared in evidence that the complainant was delivered of a bastard child on November 1, 1888, and of another on March 3, 1890; and that the respondent was the father of both children.
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Two COMPLAINTS under the bastardy act, Pub. Sts. c. 85. The cases were tried in the Superior Court, before Barker, J., at the May sitting, 1890. It appeared in evidence that the complainant was delivered of a bastard child on November 1, 1888, and of another on March 3, 1890; and that the respondent was the father of both children. There was also evidence, in one case, that the complainant at the time of her first confinement accused the respondent of being the father of the child, during the small pains which occurred in the earlier part of her travail. The respondent asked the judge to rule…
1Opinion of the CourtHolmes, J.
The instruction to the jury as to the period covered by the time of the complainant’s travail was a correct interpretation of the Pub. Sts. c. 85, § 16. The language of the section has not been construed very strictly. Tacey v. Noyes, 143 Mass. 449. See Long v. Dow, 17 N. H. 470; Rodimon v. Reding, 18 N. H. 431.
It has been decided in this Commonwealth that the child may be exhibited to the jury. We see no sufficient reason for reconsidering the decision, or for taking a distinction according to age. The youth of the child goes rather to the weight of the evidence. Finnegan v. Dugan, 14 Allen,…
2Cases cited1 opinion
- Tacey v. NoyesMassachusetts Supreme Judicial Court · 1887
3Cited by15 opinions
- State v. DanforthSupreme Court of New Hampshire · 1905
- In re the Estate of WendelNew York Surrogate's Court · 1933
- Land v. StateSupreme Court of Arkansas · 1907
- Lohsen v. LawsonSupreme Court of Vermont · 1934
- State ex rel. Berge v. PattersonSouth Dakota Supreme Court · 1904
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