Legal Opinion

Sullivan v. Hurley

Massachusetts Supreme Judicial Court

Decided October 1, 1888PublishedCited by 8 opinions

Complaint under the bastardy act, Pub. Sts. c. 85. At the trial in the Superior Court, before Brigham, C. J., the complainant introduced evidence tending to show that she was delivered of a full time bastard child on February 28, 1888; and that the respondent had sexual intercourse with her on the last of May, 1887, at which time the child was begotten.

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Complaint under the bastardy act, Pub. Sts. c. 85. At the trial in the Superior Court, before Brigham, C. J., the complainant introduced evidence tending to show that she was delivered of a full time bastard child on February 28, 1888; and that the respondent had sexual intercourse with her on the last of May, 1887, at which time the child was begotten. The complainant was then permitted to introduce in evidence, against the respondent’s objection, certain letters written by him to her on August 17, 1887, on December 10, 1887, and on January 4, 1888. These letters, which were those of a very…

1Opinion of the Court

By the Court.

In support of the complainant’s testimony, that the respondent had sexual intercourse with her in May, 1887, it was competent for her to put in evidence any acts or declarations of the respondent, either before or after the alleged intercourse, which show the relations between the parties, and which tend to show that at the time of the alleged intercourse a criminal disposition existed between them. Thayer v. Thayer, 101 Mass. 111. Beers v. Jackman, 103 Mass. 192.

In the case at bar, the letters of the respondent to the complainant which were admitted in evidence show a suspicious…

2Cases cited2 opinions

  1. Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
  2. Beers v. JackmanMassachusetts Supreme Judicial Court · 1869

3Cited by8 opinions

  1. People v. . ThompsonNew York Court of Appeals · 1914
  2. Commonwealth v. BemisMassachusetts Supreme Judicial Court · 1922
  3. Commonwealth v. LaSotaMassachusetts Appeals Court · 1990
  4. State v. HammondUtah Supreme Court · 1915
  5. Negus v. FooteMassachusetts Supreme Judicial Court · 1917

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