Francis v. Rosa
Massachusetts Supreme Judicial Court
Complaint under the bastardy act, Pub. Sts. c. 85, alleging tbat the complainant was delivered, on March 9, 1889, of a bastard child, begotten by the respondent on or about May 24, 1888. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows.
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Complaint under the bastardy act, Pub. Sts. c. 85, alleging tbat the complainant was delivered, on March 9, 1889, of a bastard child, begotten by the respondent on or about May 24, 1888. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions, in substance as follows. The complainant, after evidence that she was delivered of a bastard child, as alleged, testified that the respondent called upon her at the house of Joseph Amber, in Provincetown, in June, 1888; that he was then in a room with her alone, and then had sexual intercourse with her, at which time the child…
1Opinion of the CourtHolmes, J.
1. The first exception is to allowing the complainant’s counsel to put to her the questions, “ Did you meet respondent at Mr. Smith’s in Provincetown two years ago?” and, “ What, if anything, has respondent said to you about marriage,—about June last?” It does not appear what the answers were, so that it does not appear that the respondent was prejudiced. Commonwealth v. Chaney, 148 Mass. 6, 8. The form of the questions was a matter of discretion. York v. Pease, 2 .Gray, 282, 284. Green v. Gould, 3 Allen, 465. The subject matter of the inquiry was the relations of the parties,—a matter open…
2Cases cited5 opinions
- Young v. MakepeaceMassachusetts Supreme Judicial Court · 1869
- Beers v. JackmanMassachusetts Supreme Judicial Court · 1869
- Duhamell v. DucetteMassachusetts Supreme Judicial Court · 1875
- Sullivan v. HurleyMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. ChaneyMassachusetts Supreme Judicial Court · 1888
3Cited by9 opinions
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- Negus v. FooteMassachusetts Supreme Judicial Court · 1917
- Gemmill v. State ex rel. BrownIndiana Court of Appeals · 1896
- Commonwealth v. BirdMassachusetts Supreme Judicial Court · 1928
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