Commonwealth v. Fenno
Massachusetts Supreme Judicial Court
Indictment, under the Gen. Sts. c. 165, § 9, for unlawfully using an instrument upon Margaret Coughlin, on September 26, 1881, with intent to procure a miscarriage, and thereby causing the death of said Coughlin.
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Indictment, under the Gen. Sts. c. 165, § 9, for unlawfully using an instrument upon Margaret Coughlin, on September 26, 1881, with intent to procure a miscarriage, and thereby causing the death of said Coughlin. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: In the course of the trial, evidence was introduced tending to show that, on September 21, 1881, Coughlin went to the house of the defendant, remained there half an hour, and then came out of the house, crossed the street and there met one Stoddard, who had accompanied her to…
1Opinion of the CourtHolmes, J.
There is no doubt that the exclamation was properly admitted to prove the fact of Coughlin’s weakness at the time it was uttered, if any evidence of the weakness was admissible for the purpose disclosed by the bill of exceptions. Bacon v. Charlton, 7 Cush. 581. Insurance Co. v. Mosley, 8 Wall. 397, 405. There is equally little doubt that, for some purposes, the fact of Coughlin’s weakness at a certain time might have been relevant. For instance, if it was otherwise established that the operation was performed upon Coughlin, and that she died of it, as alleged in the indictment, — that she…
2Cases cited2 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Higgins v. AndrewsMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- People v. WilsonCalifornia Supreme Court · 1944
- Boston Food Products Co. v. Wilson & Co.Massachusetts Supreme Judicial Court · 1923
- People v. EmeryCalifornia Court of Appeal · 1947
- Worrell v. Baldwin Chain & Manufacturing Co.Massachusetts Supreme Judicial Court · 1916
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