Commonwealth v. Carroll

Massachusetts Supreme Judicial Court

Commonwealth v. Carroll

124 Mass. 30, 1878 Mass. LEXIS 218

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 2, 1878

StatusPublished

Cited by6 cases

This text of 124 Mass. 30 (Commonwealth v. Carroll) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Carroll, 124 Mass. 30, 1878 Mass. LEXIS 218 (Mass. 1878).

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Opinion

Ames, J.

We find no error in the rulings of the presiding judge. It is true that the dwelling-house was the property of the wife, but it was also the domicil of the family, and as such was under the legal control of the defendant, who was the head of the family. Commonwealth v. Wood, 97 Mass. 225. Commonwealth v. Kennedy, 119 Mass. 211. The statutes which have been passed to enlarge the rights and privileges of married women have made no change in the law in that respect. Commonwealth v. Barry, 115 Mass. 146. Primd facie, the husband [32]*32is able to prevent the wife from making an illegal use of the family dwelling-house. The jury were instructed that, if the circumstances were such that they believed he did not in fact permit and suffer such use, he could not be convicted. This instruction was all that, upon this point, the case required.

Exceptions overruled.

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Ames, J.

We find no error in the rulings of the presiding judge. It is true that the dwelling-house was the property of the wife, but it was also the domicil of the family, and as such was under the legal control of the defendant, who was the head of the family. Commonwealth v. Wood, 97 Mass. 225. Commonwealth v. Kennedy, 119 Mass. 211. The statutes which have been passed to enlarge the rights and privileges of married women have made no change in the law in that respect. Commonwealth v. Barry, 115 Mass. 146. Primd facie, the husband [32]*32is able to prevent the wife from making an illegal use of the family dwelling-house. The jury were instructed that, if the circumstances were such that they believed he did not in fact permit and suffer such use, he could not be convicted. This instruction was all that, upon this point, the case required.

Exceptions overruled.

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Bluebook (online)

124 Mass. 30, 1878 Mass. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-carroll-mass-1878.

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