Commonwealth v. McDermott
Massachusetts Supreme Judicial Court
Indictment against Dennis McDermott and Michael Malone, charging them with larceny of a watch from the person of Charles H. Fessenden.
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Indictment against Dennis McDermott and Michael Malone, charging them with larceny of a watch from the person of Charles H. Fessenden. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions in substance as follows : It appeared that the defendants, after their arrest, were searched in the station-house, and the watch was found upon McDermott; that the officer then, in the presence and hearing of Malone, asked McDermott how he came by the watch ; that he replied, Malone gave it to him; and that Malone said nothing- Malone then asked the judge to rule that this…
1Opinion of the CourtSoule, J.
The defendant Malone, while held in custody, had a right to keep silence as to the crime with which he was charged, and all circumstances connected with it, and was not called upon to reply to or contradict any statements made in his hearing. No inference against him was warranted by his failure to deny the truth of what McDermott said to the officer. Commonwealth v. Kenney, 12 Met. 235. Commonwealth v. Walker, 13 Allen, 570. The conversation between the officer and McDermott was therefore inadmissible against Malone, and he was entitled to the ruling asked for. The learned judge who tried…
2Cited by46 opinions
- People v. DoleCalifornia Supreme Court · 1898
- People v. . MarendiNew York Court of Appeals · 1915
- People v. RutiglianoNew York Court of Appeals · 1933
- State v. FerroneSupreme Court of Connecticut · 1922
- People v. . SmithNew York Court of Appeals · 1902
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