Commonwealth v. Cleary

Massachusetts Supreme Judicial Court

Commonwealth v. Cleary

25 N.E. 834, 152 Mass. 491, 1890 Mass. LEXIS 103

Massachusetts Supreme Judicial Court·Decided November 25, 1890·Published·Cited by 5 cases

Opinion

Holmes, J.

1. The defendant’s offer to prove by his wife that he showed her that he was opposed to her owning and having intoxicating liquors, was allowed by the presiding judge so far .as it related to acts. So far as it related to the effect of private [493] conversations between tbe two, tbe only legal way of proving this was by proving the substance of the words spoken. As the defendant was not at liberty to prove the latter, he could not prove the former. Pub. Sts. c. 169, § 18, cl. 1.

2. Evidence of the defendant’s acts after the last seizure was inadmissible. He could not make evidence for himself in that way. Exceptions overruled.

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Holmes, J.

1. The defendant’s offer to prove by his wife that he showed her that he was opposed to her owning and having intoxicating liquors, was allowed by the presiding judge so far .as it related to acts. So far as it related to the effect of private [493] conversations between tbe two, tbe only legal way of proving this was by proving the substance of the words spoken. As the defendant was not at liberty to prove the latter, he could not prove the former. Pub. Sts. c. 169, § 18, cl. 1.

2. Evidence of the defendant’s acts after the last seizure was inadmissible. He could not make evidence for himself in that way. Exceptions overruled.

Commonwealth v. Cleary, 25 N.E. 834, 152 Mass. 491, 1890 Mass. LEXIS 103 (Mass. 1890).

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