Commonwealth v. Billings
Massachusetts Supreme Judicial Court
Indictment for adultery with one Mary F. Spruce. At the trial in the superior court, before Reed, J., she was a witness for the government, and there was evidence tending to show that several matters asserted as facts in her testimony were not true, and that she had at other times made other and contrary statements ; and the defendant introduced evidence tending to show that her reputation for truth was and long had been bad.
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Indictment for adultery with one Mary F. Spruce. At the trial in the superior court, before Reed, J., she was a witness for the government, and there was evidence tending to show that several matters asserted as facts in her testimony were not true, and that she had at other times made other and contrary statements ; and the defendant introduced evidence tending to show that her reputation for truth was and long had been bad. It was admitted by the government that she was to be considered as an accomplice; and the defendant asked the judge to instruct the jury that if they should find that…
1Opinion of the CourtBigelow, C. J.
These exceptions cannot be sustained.
1. It is not an absolute and inflexible rule of law, that the testimony of a witness is to be wholly disregarded and rejected, except in those particulars in which there is corroboration by other credible witnesses, if the jury find that the witness has deliberately sworn falsely in relation to a material matter. This question was distinctly raised and adjudicated by the court in a recent case. Commonwealth v. Wood, 11 Gray, 86, 89, 93. On a reconsideration of the point in the light, of the very clear and forcible argument of the learned counsel of the…
2Cited by12 opinions
- Commonwealth v. MichelMassachusetts Supreme Judicial Court · 1975
- Hill v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Kelley v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1932
- Ducharme v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Galdston v. McCarthyMassachusetts Supreme Judicial Court · 1938
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