Commonwealth v. Felch
Massachusetts Supreme Judicial Court
Indictment charging the defendant with an attempt to procure the miscarriage of Mary Ann Finley, on July 2, 1881, at Boston, by the use of some instrument to the jurors unknown ; and that in consequence thereof the said Mary died on the same day.
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Indictment charging the defendant with an attempt to procure the miscarriage of Mary Ann Finley, on July 2, 1881, at Boston, by the use of some instrument to the jurors unknown ; and that in consequence thereof the said Mary died on the same day. At the trial in the Superior Court, before Staples, J., it was contended by the defendant that the operation was performed by Mary on herself; and there was evidence tending to show that it would have been possible for her to perform the operation on herself, considered as an operation, using for the purpose an ordinary lead-pencil. The defendant…
1Opinion of the CourtLord, J.
The evidence tendered by the defendant in this case is what is recognized as hearsay evidence. Such evidence is generally inadmissible. There are, however, several exceptions *23to this rule, and it is contended by the defendant that this evidence may properly be brought within some one of them. The only exception particularly designated is that relating to pedigree. This is indeed one of the well-recognized exceptions to the general rule. That which is technically hearsay evidence is competent evidence upon a question of pedigree.
It is not easy to see how any question of. pedigree can be…
2Cited by21 opinions
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- Siebert v. PeopleIllinois Supreme Court · 1892
- Hauk v. StateIndiana Supreme Court · 1897
- Commonwealth v. WakelinMassachusetts Supreme Judicial Court · 1918
- State v. KellySupreme Court of Connecticut · 1904
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