Commonwealth v. Bonner

97 Mass. 587

Opinion

Chapman, J.

The description of the offence in the indictment is sufficiently precise and unequivocal. And the form is sustained in Commonwealth v. McDonald, 5 Cush. 365.

The statute allowed the defendant, at his election, to become a witness. St. 1866, c. 260. By availing himself of the privilege he assumed the character of a witness, and subjected himself to the liabilities incident to that position. The statute does not exempt him from cross-examination, and impeachment as a witness; and there is no reason why he should be exempt from it. Commonwealth v. Mullen, ante, 545. Gen. Sts. c. 131, § 13. Commonwealth v. Lannan, 13 Allen, 563.

Exceptions overruled.