Commonwealth v. Cosseboom
Massachusetts Supreme Judicial Court
Indictment for an assault upon Emily Barlow, a child of the age of eleven years. At the trial in the Superior Court, before Bond, J., there was evidence tending to show that the offence was committed on the afternoon of Saturday, January 3,1891; that at the time Emily lived with her parents, with whom also lived a Mrs. Rough-sedge ; and that the defendant had a lodging-room in the same house. Mrs. Roughsedge was not called as a witness.
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Indictment for an assault upon Emily Barlow, a child of the age of eleven years. At the trial in the Superior Court, before Bond, J., there was evidence tending to show that the offence was committed on the afternoon of Saturday, January 3,1891; that at the time Emily lived with her parents, with whom also lived a Mrs. Rough-sedge ; and that the defendant had a lodging-room in the same house. Mrs. Roughsedge was not called as a witness. The defendant offered to show by his own testimony that he had occupied the same bedroom with Mrs. Roughsedge, and that on the Thursday night before January…
1Opinion of the CourtLathrop, J.
1. The statements of Mrs. Roughsedge were properly excluded. She was not a party to the cause, nor was she a witness. The evidence does not even disclose that she instigated the charge, and, even if it did, this would not render her statements admissible. In Commonwealth v. Brownell, 145 Mass. 319, a witness for the government, who had testified that he was active in the prosecution, and that he had had a conversation with the complainant, was not allowed to be asked by the defendant what the conversation was. See also State v. Maitremme, 14 La. An. 830; Williams v. State, 52 Ala. 411; 1…
2Cases cited7 opinions
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
- Williams v. StateSupreme Court of Alabama · 1875
- Commonwealth v. BrownellMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. SargentMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. FordMassachusetts Supreme Judicial Court · 1888
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3Cited by3 opinions
- Commonwealth v. BritlandMassachusetts Supreme Judicial Court · 1938
- Commonwealth v. BaldiMassachusetts Supreme Judicial Court · 1925
- Zane v. Malden & Melrose Gas Light Co.Massachusetts District Court, Appellate Division · 1937