Commonwealth v. McDonald
Massachusetts Supreme Judicial Court
Indictment for rape committed on Mary Burns. At the trial in the Superior Court, before Pitman, J., the defendant asked Mary Burns, on cross-examination, what had been her occupation previous to the time of the commission of the offence upon her.
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Indictment for rape committed on Mary Burns. At the trial in the Superior Court, before Pitman, J., the defendant asked Mary Burns, on cross-examination, what had been her occupation previous to the time of the commission of the offence upon her. The district attorney objecting to the question, and the defendant stating that he proposed to prove that she had been engaged in the unlawful sale of liquor, the judge ruled that such fact could not he shown, but that if she had been convicted, it might be shown by the record. The district attorney then stating that he did not object to any inquiry…
1Opinion of the CourtAmes, J.
The defendant had a right to impeach the credibility of the prosecutrix as a witness, by record proof that she had been convicted of a crime, or by general evidence of her bad reputation for chastity. There is some apparent conflict in the authorities as to the extent to which her cross-examination may be carried, for the purpose of extorting evidence of particular instances of unchaste conduct with the defendant, or with other men. Rex v. Martin, 6 C. & P. 562. Rex v. Hodgson, Russ. & Ry. 211. People v. Jackson, 3 Parker C. C. 391. State v. Johnson, 28 Vt. 512. But the question excluded in…
2Cases cited1 opinion
- State v. JohnsonSupreme Court of Vermont · 1856
3Cited by29 opinions
- Commonwealth v. SherryMassachusetts Supreme Judicial Court · 1982
- Anderson v. StateIndiana Supreme Court · 1885
- People of the State of N.Y. v. . DohringNew York Court of Appeals · 1874
- Commonwealth v. RoosnellMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. LopezMassachusetts Supreme Judicial Court · 2001
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