Commonwealth v. Morrell
Massachusetts Supreme Judicial Court
Indictment for. robbery. At the trial in the superior court, before Devens, J., the defendants were found guilty, and alleged exceptions which were allowed as follows : “ The evidence for the Commonwealth tended to show that Thomas Wait of Greenfield was robbed on the night of February 19,1868, at Greenfield.
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Indictment for. robbery. At the trial in the superior court, before Devens, J., the defendants were found guilty, and alleged exceptions which were allowed as follows : “ The evidence for the Commonwealth tended to show that Thomas Wait of Greenfield was robbed on the night of February 19,1868, at Greenfield. There was further evidence tending to show that Anthony Baker, one of the defendants, the day after the robbery shipped by express from South Deerfield two valises for Chicago, Elinois. The express agent at South Deerfield testified that he affixed tags to the valises, which ne marked,…
1Opinion of the CourtChapman, C. J.
The law generally requires the production of the highest evidence of which a thing is capable; and evidence is to be excluded which supposes still higher evidence behind in the possession or power of the party. But the rule is far from being universal. For example, it does not require that a supposed writer shall be called to prove his own handwriting, or that a person whose identity is to be proved shall be produced in court. The same is true in respect to an animal or any other object the identity of which is to be proved.
The general rule is most frequently applied to writings, where proof…
2Cited by15 opinions
- Commonwealth v. FrenchMassachusetts Supreme Judicial Court · 1970
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. RobinsonMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. GrayMassachusetts Supreme Judicial Court · 1880
- Hewitt v. StateIndiana Supreme Court · 1889
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