Commonwealth v. Moore
Massachusetts Supreme Judicial Court
Indictment for perjury. At the trial in the Superior Court, before Bishop, J., it appeared in evidence that the perjury was committed under the following circumstances. The husband of the defendant, John Moore, had been complained of for illegally keeping and exposing liquors for sale, and upon a hearing before the Police Court of the City of Brockton had been found guilty.
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Indictment for perjury. At the trial in the Superior Court, before Bishop, J., it appeared in evidence that the perjury was committed under the following circumstances. The husband of the defendant, John Moore, had been complained of for illegally keeping and exposing liquors for sale, and upon a hearing before the Police Court of the City of Brockton had been found guilty. On the trial of his appeal, at the October term, 1893, of the Superior Court, he took his place in the prisoner’s dock, and was defended by counsel. After the government had rested its case, his counsel called his wife,…
1Opinion of the CourtLathbop, J.
This case was tried as if the offence charged were an ordinary crime committed by the defendant in the presence of her husband. Treating it as such, we have no doubt that the rulings given, and the refusal to rule as requested, were right. It is a general rule, that, where a criminal act is done by a wife in the presence of her husband, or in proximity to him, a presumption in her favor is raised that she is acting under his coercion. This presumption is, however, not conclusive, and may be rebutted by testimony or the attendant circumstances, and it is for the jury to say whether or not she…
2Cases cited8 opinions
- Commonwealth v. NicholsMassachusetts Supreme Judicial Court · 1873
- Commonwealth v. MorganMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. BonnerMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. MullenMassachusetts Supreme Judicial Court · 1867
- Mackin v. PeopleIllinois Supreme Court · 1885
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3Cited by4 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. MailletMassachusetts Supreme Judicial Court · 1987
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1904
- Commonwealth v. JohnsonMassachusetts Supreme Judicial Court · 1900