Commonwealth v. Ford

15 N.E. 153, 146 Mass. 131, 1888 Mass. LEXIS 211

Opinion

By the Court.

Under the Pub. Sts. c. 169, § 19, the conviction of a witness of any crime, whether a felony or a misdemeanor, may be shown to affect his credibility. Commonwealth v. Hall, 4 Allen, 305.

It is to be presumed that proper instructions were given; and such instructions necessarily implied that the jury could not act by a majority, and that each juror must act upon his own convictions. The judge was not required to repeat these principles, which every juror must have understood. Whether he should do so was within his discretion, and no exception lies to his refusal to give the further instructions at the time and in the form requested by the defendant. Exceptions overruled.