Commonwealth v. Cronin
Massachusetts Supreme Judicial Court
Indictment, found on May 12, 1902, for an assault with intent to murder. At the trial, in the Superior Court before Harris, J., the defence relied upon was insanity caused by epilepsy. It appeared, that after committing the assault in question the defendant, being pursued by persons who had come up, ran to a pond and threw- himself in, and was rescued from the pond in an unconscious condition.
Read the full summary
Indictment, found on May 12, 1902, for an assault with intent to murder. At the trial, in the Superior Court before Harris, J., the defence relied upon was insanity caused by epilepsy. It appeared, that after committing the assault in question the defendant, being pursued by persons who had come up, ran to a pond and threw- himself in, and was rescued from the pond in an unconscious condition. The defendant’s wife testified to an illness of the defendant alleged to be epilepsy, and was allowed without objection to testify in regard to the condition of the defendant as manifested by his…
1Opinion of the CourtBarker, J.
The defendant’s statement that he would drown himself was made in private to his wife. It was relevant to his condition of mind, but was made incompetent and inadmissible as evidence in his favor by the prohibition of the statute, “Neither husband nor wife shall testify as to private conversations with each other.” R. L. c. 175, § 20, cl. 1. Fuller v. Fuller, 177 Mass. 184, and cases cited. It did not come within the reason of the exception which allows abusive language *97addressed by a husband in private to his wife to be given in evidence to show abusive treatment. See French v. French, 14…
2Cases cited1 opinion
- Fuller v. FullerMassachusetts Supreme Judicial Court · 1900
3Cited by8 opinions
- Commonwealth v. LePageMassachusetts Supreme Judicial Court · 1967
- Kaye v. NewhallMassachusetts Supreme Judicial Court · 1969
- Brown v. StateCourt of Appeals of Maryland · 2000
- Gallagher v. GoldsteinMassachusetts Supreme Judicial Court · 1988
- Commonwealth v. BurnhamMassachusetts Supreme Judicial Court · 2008
3 more not listed; retrieve them via the Exa API.