Legal Opinion

Commonwealth v. Brown

Massachusetts Supreme Judicial Court

Decided January 29, 1881PublishedCited by 18 opinions

Indictment on the Gen. Sts. c. 161, § 34, charging the defendants, on October 6, 1880, at Boston, with feloniously and knowingly having in their possession certain implements designed and adapted for breaking open buildings, in order to steal therefrom, and with the intent to use said implements for the purpose of such breaking and stealing.

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Indictment on the Gen. Sts. c. 161, § 34, charging the defendants, on October 6, 1880, at Boston, with feloniously and knowingly having in their possession certain implements designed and adapted for breaking open buildings, in order to steal therefrom, and with the intent to use said implements for the purpose of such breaking and stealing. At the trial in the Superior Court, after the government had rested its case, the defendant Gilman became a witness in his own behalf, and denied any knowledge of said implements; and, on cross-examination, testified that, the morning after the arrest, in…

1Opinion of the Court

By the Court.

Gilman having offered himself as a witness, his testimony was competent for and against the other defendants, as well as himself. St. 1870, c. 393, § 1, cl. 3. Commonwealth v. Nichols, 114 Mass. 285. Commonwealth v. Robinson, 1 Gray, 555. The court might permit the Commonwealth to introduce any competent evidence at any stage of the trial, even after it had once rested its Case. Commonwealth v. Blair, 126 Mass. 40.

Exceptions overruled.

2Cases cited2 opinions

  1. Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
  2. Commonwealth v. BlairMassachusetts Supreme Judicial Court · 1878

3Cited by18 opinions

  1. Commonwealth v. DomanskiMassachusetts Supreme Judicial Court · 1954
  2. Benson v. United StatesSupreme Court of the United States · 1892
  3. Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
  4. Wolfson v. United StatesCourt of Appeals for the Fifth Circuit · 1900
  5. State v. LindenWashington Supreme Court · 1932

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