Commonwealth v. Rogers
Massachusetts Supreme Judicial Court
Indictment for an assault and battery. At the trial in the Superior Court, before Knowlton, J., one Michael McEleheny testified as a witness for the government. The defendant offered John B. Hebron as a witness, who testified as follows: “ I have known Michael McEleheny for four or five years : I know people who know him.”
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Indictment for an assault and battery. At the trial in the Superior Court, before Knowlton, J., one Michael McEleheny testified as a witness for the government. The defendant offered John B. Hebron as a witness, who testified as follows: “ I have known Michael McEleheny for four or five years : I know people who know him.” Upon being asked if he knew his general reputation for truth and veracity, he answered that all he knew of his reputation for truth and veracity was what he heard said on two occasions, once in a horse-car, the other time in a barber-shop, where there were present five or…
1Opinion of the CourtDevens, J.
The mere fact that the witness Hebron had been acquainted with McEleheny for four or five years, and also with people who knew him, did not necessarily qualify him to testify as to McEleheny’s general reputation for truth and veracity, as such acquaintance with him or his associates might *159have been of the slightest description. It was entirely within the discretion of the presiding judge to ask, or permit to be asked, as a preliminary question, if he deemed the interests of justice required it, whether the witness knew the general reputation of McEleheny in this respect. Wetherbee v. Norris,…
2Cases cited2 opinions
- Walker v. MoorsMassachusetts Supreme Judicial Court · 1877
- Wetherbee v. NorrisMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- Commonwealth v. BorisMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. BaxterMassachusetts Supreme Judicial Court · 1929
- Commonwealth v. PorterMassachusetts Supreme Judicial Court · 1921
- F. W. Stock & Sons v. DellapennaMassachusetts Supreme Judicial Court · 1914
- People v. PaisleyCalifornia Court of Appeal · 1963
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