Commonwealth v. Herrick

Massachusetts Supreme Judicial Court

Commonwealth v. Herrick

78 Mass. 125

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1858

StatusPublished

This text of 78 Mass. 125 (Commonwealth v. Herrick) 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. Herrick, 78 Mass. 125 (Mass. 1858).

Pincite

Opinion

By the Court.

This case presented a mere question of evidence, no law. The question at the trial was not whether the same evidence had been given before the grand jury, but whether the same facts "were in issue. This depended upon the offence being rightly charged in the indictment, and supported by proof. The statement of the witness was not inconsistent with the indictment. The sales to him might have been proved before the grand jury by other witnesses who were present in the shop, but did not know his name.

Exceptions overruled.

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By the Court.

This case presented a mere question of evidence, no law. The question at the trial was not whether the same evidence had been given before the grand jury, but whether the same facts "were in issue. This depended upon the offence being rightly charged in the indictment, and supported by proof. The statement of the witness was not inconsistent with the indictment. The sales to him might have been proved before the grand jury by other witnesses who were present in the shop, but did not know his name.

Exceptions overruled.

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Bluebook (online)

78 Mass. 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-herrick-mass-1858.