Commonwealth v. Robinson
Massachusetts Supreme Judicial Court
Indictment, alleging that the defendant, on August 2, 1895, at Everett, “ in and upon one Mabel Blanche Lovejoy did make an assault, and did then and there unlawfully, indecently, and against the will of her the said Mabel Blanche Lovejoy put and place the hands of him the said Charles Robinson upon and against the private parts of her the said Mabel Blanche Love-joy, and other wrongs to the said Mabel Blanche Lovejoy then and there did.”
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Indictment, alleging that the defendant, on August 2, 1895, at Everett, “ in and upon one Mabel Blanche Lovejoy did make an assault, and did then and there unlawfully, indecently, and against the will of her the said Mabel Blanche Lovejoy put and place the hands of him the said Charles Robinson upon and against the private parts of her the said Mabel Blanche Love-joy, and other wrongs to the said Mabel Blanche Lovejoy then and there did.” In the Superior Court, before the jury were empanelled, the defendant moved to quash the indictment on the ground that it alleged that Charles R, Robinson…
1Opinion of the CourtAllen, J.
1. The words “the said Charles Robinson” in the latter part of the indictment must necessarily refer to the Charles R. Robinson who had been mentioned in the earlier part of the indictment; and the motion to quash was rightly overruled.
2. The law fixes no limit of age which children must have reached in order to be competent as witnesses; and unless for manifest error we cannot revise the decision of the presiding justice that the little girl in this case had sufficient intelligence and sufficient sense of the duty of telling the truth to enable her to testify. No such error appears in the…
2Cases cited6 opinions
- Wheeler v. United StatesSupreme Court of the United States · 1895
- Commonwealth v. PreeceMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. CuffeeMassachusetts Supreme Judicial Court · 1871
- McGuire v. PeopleMichigan Supreme Court · 1880
- Commonwealth v. LynesMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Commonwealth v. BonomiMassachusetts Supreme Judicial Court · 1957
- Commonwealth v. CruzMassachusetts Supreme Judicial Court · 1977
- Commonwealth v. WelcomeMassachusetts Supreme Judicial Court · 1964
- State v. StacySupreme Court of Vermont · 1932
- Commonwealth v. TatisosMassachusetts Supreme Judicial Court · 1921
16 more not listed; retrieve them via the Exa API.