Commonwealth v. Ford
Massachusetts Supreme Judicial Court
Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement used for the illegal sale and keeping for sale of intoxicating liquors. At the trial in the Superior Court, on appeal, before Aldrich, J., the defendant was a witness in his own behalf, and the government offered in evidence a record showing his previous conviction of a similar offence.
Read the full summary
Complaint for keeping and maintaining a common nuisance, to wit, a certain tenement used for the illegal sale and keeping for sale of intoxicating liquors. At the trial in the Superior Court, on appeal, before Aldrich, J., the defendant was a witness in his own behalf, and the government offered in evidence a record showing his previous conviction of a similar offence. The defendant objected to the introduction of the record, and asked the judge to rule that the word “crime” in the Pub. Sts. c. 169, § 19, meant felony, and not misdemeanor. The judge overruled the objection, and allowed the…
1Opinion of the Court
By the Court.
Under the Pub. Sts. c. 169, § 19, the conviction of a witness of any crime, whether a felony or a misdemeanor, may be shown to affect his credibility. Commonwealth v. Hall, 4 Allen, 305.
It is to be presumed that proper instructions were given; and such instructions necessarily implied that the jury could not act by a majority, and that each juror must act upon his own convictions. The judge was not required to repeat these principles, which every juror must have understood. Whether he should do so was within his discretion, and no exception lies to his refusal to give the further…
2Cited by7 opinions
- Commonwealth v. RollinsMassachusetts Supreme Judicial Court · 1968
- State v. HensonSupreme Court of New Jersey · 1901
- Koch v. StateWisconsin Supreme Court · 1906
- Commonwealth v. WalshMassachusetts Supreme Judicial Court · 1907
- Hoffman v. PeopleSupreme Court of Colorado · 1923
2 more not listed; retrieve them via the Exa API.