Commonwealth v. Haskell

Massachusetts Supreme Judicial Court

Commonwealth v. Haskell

2 N.E. 773, 140 Mass. 128, 1885 Mass. LEXIS 298

CourtMassachusetts Supreme Judicial Court

DecidedOctober 6, 1885

StatusPublished

Cited by6 cases

This text of 2 N.E. 773 (Commonwealth v. Haskell) 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. Haskell, 2 N.E. 773, 140 Mass. 128, 1885 Mass. LEXIS 298 (Mass. 1885).

Pincite

Opinion

By the Court.

Whether any inference could be fairly drawn from the failure of the defendant to produce the testimony of York, his partner, under the circumstances of the case, was for the jury to determine. The court rightly refused to rule, as matter of law, as requested by the defendant, that “ it was the duty of the government, rather than of the defence, to hold him as a witness.” There is no law which required the government, rather than the defendant, to hold or call him as a witness.

Exceptions overruled.

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By the Court.

Whether any inference could be fairly drawn from the failure of the defendant to produce the testimony of York, his partner, under the circumstances of the case, was for the jury to determine. The court rightly refused to rule, as matter of law, as requested by the defendant, that “ it was the duty of the government, rather than of the defence, to hold him as a witness.” There is no law which required the government, rather than the defendant, to hold or call him as a witness.

Exceptions overruled.

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Bluebook (online)

2 N.E. 773, 140 Mass. 128, 1885 Mass. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-haskell-mass-1885.

Opinion

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