Commonwealth v. Holmes
Massachusetts Supreme Judicial Court
Indictment for burning the barn and shed of John C. Munson in Great Barrington, in the night-time of September 11, 1876. Trial in the Superior Court before Rockwell, J., who allowed a bill of exceptions, the material parts of which were as follows: Charles U. Surner, who had been indicted, tried and convicted of burning the same buildings, and was in custody awaiting sentence, and was admitted to have been an accomplice and an accessory before the fact, was called as a…
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Indictment for burning the barn and shed of John C. Munson in Great Barrington, in the night-time of September 11, 1876. Trial in the Superior Court before Rockwell, J., who allowed a bill of exceptions, the material parts of which were as follows: Charles U. Surner, who had been indicted, tried and convicted of burning the same buildings, and was in custody awaiting sentence, and was admitted to have been an accomplice and an accessory before the fact, was called as a witness for the Commonwealth, and testified that he would be twenty years old on November 23, 1878; that he worked at Great…
1Opinion of the CourtGray, C. J.
It has always been held that a jury might, if they saw fit, convict on the uncorroborated testimony of an accomplice. Lord Hale, Lord Holt and Lord Mansfield treated the question of his credibility as one wholly for the determination of the jury, without any precise rule as to the weight to be given to his testimony. 1 Hale P. C. 304, 305. Charnock’s case, 12 Howell’s State Trials, 1377, 1454. Rex v. Rudd, Cowp. 331, 337; S. C. 1 Leach (4th ed.) 115, 120. The earliest case reported, we believe, in which there is any indication of such a rule, is one in which, on a trial at the Old Bailey in…
2Cases cited9 opinions
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 1877
- People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
- The People v. . DyleNew York Court of Appeals · 1860
- State v. WolcottSupreme Court of Connecticut · 1851
- Commonwealth v. SnowMassachusetts Supreme Judicial Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Commonwealth v. GeaganMassachusetts Supreme Judicial Court · 1959
- Malachi v. StateSupreme Court of Alabama · 1889
- Commonwealth v. DominicoMassachusetts Appeals Court · 1974
- Stone v. StateSupreme Court of Georgia · 1903
- State v. KentNorth Dakota Supreme Court · 1895
38 more not listed; retrieve them via the Exa API.