Legal Opinion

Commonwealth v. Wright

Massachusetts Supreme Judicial Court

Decided September 15, 1871PublishedCited by 4 opinions

Indictment for riotously assembling at Charlemont with divers other persons, to the jurors unknown, to the number of ' welve, to break the peace, and, being so assembled, breaking and catering the dwelling-house of Almon Harris and assaulting Laura A. Harris, his wife, and removing her from the house and restraining her of her liberty.

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Indictment for riotously assembling at Charlemont with divers other persons, to the jurors unknown, to the number of ' welve, to break the peace, and, being so assembled, breaking and catering the dwelling-house of Almon Harris and assaulting Laura A. Harris, his wife, and removing her from the house and restraining her of her liberty. Tiial and verdict of guilty in the superior court, before Lord, J., who allowed a bill of exceptions of which the following are the material parts : “ That the offence had been committed by certain persons was not denied; and it was admitted or proved that…

1Opinion of the Court

By the Court.

The court rightly instructed the jury that there is no presumption either way as to the truthfulness of a defendant’s testimony, and that his testimony was to be considered and weighed by them, taking all the circumstances of the case and all the other evidence into consideration, and giving such weight to-the testimony as in their judgment it ought to have.

The St. of 1866, c. 260, which enables a person on trial for an alleged crime to be a competent witness at his own request, but not otherwise, expresses no such presumption, and, considering his interest in the result of the…

2Cited by4 opinions

  1. Allison v. United StatesSupreme Court of the United States · 1895
  2. Commonwealth v. DardenMassachusetts Appeals Court · 1977
  3. State v. SmithSupreme Court of Louisiana · 1914
  4. Allison v. United StatesSupreme Court of the United States · 1895

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