Commonwealth v. Harlow
Massachusetts Supreme Judicial Court
Indictment under the Gen. Sts. e. 87, §§ 6, 7, for keeping a tenement used for the illegal sale of intoxicating liquors. At the trial in the Superior Court, before Pitman, J., there was no direct evidence of sales, but the government relied on circumstantial evidence. The defendant called no witnesses, and did not testify herself.
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Indictment under the Gen. Sts. e. 87, §§ 6, 7, for keeping a tenement used for the illegal sale of intoxicating liquors. At the trial in the Superior Court, before Pitman, J., there was no direct evidence of sales, but the government relied on circumstantial evidence. The defendant called no witnesses, and did not testify herself. The judge instructed the jury, after alluding to the evidence on the part of the Commonwealth, “ that nothing was to be presumed against the defendant herself for not testifying in her own behalf, but that the failure of a defendant to produce evidence which it was…
1Opinion of the CourtChapman, C. J.
The St. of 1870, o. 393, § 1, which makes defendants who are charged with crimes and offences competent witnesses, provides that their neglect or refusal to testify shall not create any presumption against them. This provision conforms to Article 12 of the Declaration of Rights, which declares that no subject shall be compelled to furnish evidence against himself. Since this class of defendants are allowed to testify if they will, there is some danger that if one exercises his right of silence, the jury will look upon it as a proper matter to weigh against him in considering the question of…
2Cited by32 opinions
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Commonwealth v. DomanskiMassachusetts Supreme Judicial Court · 1954
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
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