Commonwealth v. Mullen
Massachusetts Supreme Judicial Court
Indictment for being a common seller of intoxicating liquor. At the trial in the superior court, before Rockwell, J., a state deputy constable testified that he saw the defendant make three separate and distinct sales of intoxicating liquor ; that there was a glass in a door which led from the room where the sales were made to the entry where he stood, and he saw the sales through this glass.
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Indictment for being a common seller of intoxicating liquor. At the trial in the superior court, before Rockwell, J., a state deputy constable testified that he saw the defendant make three separate and distinct sales of intoxicating liquor ; that there was a glass in a door which led from the room where the sales were made to the entry where he stood, and he saw the sales through this glass. The defendant was called as a witness, and before examination his counsel stated to the court that he was offered for the single purpose of testifying whether or not there was or had been any glass or…
1Opinion of the CourtBigelow, C. J.
The statute which allows a defendant in a criminal case, at his own request and not otherwise, to testify in bis own behalf, (St. 1866, c. 260,) expressly provides that “ he shall be deemed a competent witness; ” that is, competent not for a special purpose, or to give evidence only which shall operate in his own favor, but competent to testify to any facts relevant and material to the issue. Like all other witnesses, he is to tell the truth and the whole truth concerning any matter proper to be inquired about. If he offers himself as a witness, he waives his constitutional privilege of…
2Cited by32 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- State v. KentNorth Dakota Supreme Court · 1896
- Commonwealth v. JudgeMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- People of the State of N.Y. v. . GenetNew York Court of Appeals · 1874
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