Commonwealth v. Mooney

Massachusetts Supreme Judicial Court

Commonwealth v. Mooney

110 Mass. 99

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1872

StatusPublished

Cited by12 cases

This text of 110 Mass. 99 (Commonwealth v. Mooney) 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. Mooney, 110 Mass. 99 (Mass. 1872).

Pincite

Opinion

By the Court.

The witness Allen having testified to certain facts tending to prove the guilt of the defendant, it was not competent for the defendant to show what opinion the witness may have had or expressed upon the merits of the case. The fact that he had an opinion that the defendant was innocent would not tend to contradict or impeach him. At most, it only shows the weight he gave to the facts testified to by him as tending to prove the defendant’s guilt, which is for the jury exclusively, and upon which the opinion of witnesses is not competent.

Exceptions overruled.

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By the Court.

The witness Allen having testified to certain facts tending to prove the guilt of the defendant, it was not competent for the defendant to show what opinion the witness may have had or expressed upon the merits of the case. The fact that he had an opinion that the defendant was innocent would not tend to contradict or impeach him. At most, it only shows the weight he gave to the facts testified to by him as tending to prove the defendant’s guilt, which is for the jury exclusively, and upon which the opinion of witnesses is not competent.

Exceptions overruled.

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Bluebook (online)

110 Mass. 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mooney-mass-1872.

Opinion

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