Legal Opinion · Dissent

Commonwealth v. Giles

Massachusetts Supreme Judicial Court

Decided January 13, 1966Published

1DissentKirk, J.

(dissenting) Mr. Justice Spiegel and I do not agree with the opinion.

We do not condone falsehood before the Crime Commission or elsewhere. That, however, is not the issue before us.

*114Our primary concern here is the law established by the majority and its effect upon the fundamental rights of the citizens of the Commonwealth. We are deeply disturbed by the construction given to GK L. c. 268, § 1. We base our dissent particularly on the meaning attributed to the second clause of the first sentence of § 1 (hereafter referred to as “the second clause”). With respect to the second clause, the…

2Cases cited13 opinions

  1. Lanzetta v. New JerseySupreme Court of the United States · 1939
  2. Commonwealth v. CarpenterMassachusetts Supreme Judicial Court · 1950
  3. Commonwealth v. PentzMassachusetts Supreme Judicial Court · 1924
  4. Jaquith v. CommonwealthMassachusetts Supreme Judicial Court · 1954
  5. Commonwealth v. SlomeMassachusetts Supreme Judicial Court · 1947

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