Commonwealth v. Hayes

Massachusetts Supreme Judicial Court

Commonwealth v. Hayes

149 N.E. 417, 253 Mass. 541, 1925 Mass. LEXIS 1291

CourtMassachusetts Supreme Judicial Court

DecidedNovember 12, 1925

StatusPublished

Cited by5 cases

This text of 149 N.E. 417 (Commonwealth v. Hayes) 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. Hayes, 149 N.E. 417, 253 Mass. 541, 1925 Mass. LEXIS 1291 (Mass. 1925).

Pincite

Opinion

Rugg, C.J.

The defendant was tried for assault with a dangerous weapon. A witness called by the Commonwealth, who had given material testimony based on his presence near the place of the alleged assault at about the [542]*542time it occurred, testified on cross-examination that he was arrested by the defendant at that time for violation of the automobile law. Subject to the defendant’s exception, he was allowed to testify on redirect examination that upon the hearing in the District Court on the charge on which he was arrested by the defendant he was discharged. The action of the District Court under the circumstances here disclosed was susceptible of proof only by its records or copy thereof. Sayles v. Briggs, 4 Met. 421. Smith v. Kirby, 10 Met. 150, 154. Wells v. Stevens, 2 Gray, 115. Commonwealth v. Walsh, 196 Mass. 369. Commonwealth v. Danton, 243 Mass. 552. The excepted evidence related to a material matter, and its admission cannot be regarded as harmless error. It is unnecessary to consider the other exceptions.

Exceptions sustained.

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Rugg, C.J.

The defendant was tried for assault with a dangerous weapon. A witness called by the Commonwealth, who had given material testimony based on his presence near the place of the alleged assault at about the [542]*542time it occurred, testified on cross-examination that he was arrested by the defendant at that time for violation of the automobile law. Subject to the defendant’s exception, he was allowed to testify on redirect examination that upon the hearing in the District Court on the charge on which he was arrested by the defendant he was discharged. The action of the District Court under the circumstances here disclosed was susceptible of proof only by its records or copy thereof. Sayles v. Briggs, 4 Met. 421. Smith v. Kirby, 10 Met. 150, 154. Wells v. Stevens, 2 Gray, 115. Commonwealth v. Walsh, 196 Mass. 369. Commonwealth v. Danton, 243 Mass. 552. The excepted evidence related to a material matter, and its admission cannot be regarded as harmless error. It is unnecessary to consider the other exceptions.

Exceptions sustained.

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Bluebook (online)

149 N.E. 417, 253 Mass. 541, 1925 Mass. LEXIS 1291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hayes-mass-1925.

Opinion

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