Commonwealth v. Foran
Massachusetts Supreme Judicial Court
Indictment for keeping a tenement for the illegal sale of intoxicating liquors. At the trial in the Superior Court, before Devens, J., George E. Cutler, a witness for the Commonwealth, testified that he bought a pint of whiskey of the defendant for the purpose of testifying against him.
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Indictment for keeping a tenement for the illegal sale of intoxicating liquors. At the trial in the Superior Court, before Devens, J., George E. Cutler, a witness for the Commonwealth, testified that he bought a pint of whiskey of the defendant for the purpose of testifying against him. His evidence was contradicted by the testimony of the defendant’s witnesses, and the defendant’s counsel argued to the jury that his testimony was not true, and that his confession that he bought the liquor with a view to testify against the defendant was a circumstance tending to discredit him. The judge…
1Opinion of the CourtMorton, J.
The statute which provides that “the courts shall not charge juries with respect to matters of fact,” prohibits the expression by the judge in his charge to the jury of his opinion as to the credibility of witnesses. Gen. Sts. e. 115, § 5. Commonwealth v. Barry, 9 Allen, 276. In the case at bar a witness for the government testified that he bought liquor of the defendant for the purpose of testifying against him. The presiding judge instructed the jury that “ if the witness, intending honestly to aid the government in breaking up a traffic forbidden by law, visited the place where the law was…
2Cited by23 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Garner v. StateSupreme Court of Florida · 1891
- Plummer v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Commonwealth v. PerezMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. RodriguezMassachusetts Appeals Court · 1978
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