Newhall v. Jenkins

Massachusetts Supreme Judicial Court

Newhall v. Jenkins

68 Mass. 562

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1854

StatusPublished

This text of 68 Mass. 562 (Newhall v. Jenkins) 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

Newhall v. Jenkins, 68 Mass. 562 (Mass. 1854).

Pincite

Opinion

By the Court.

1. The statute of 1852, c. 312, § 60, is perfectly clear to the point that prisoners, under sentence for any crime, are competent witnesses. These witnesses were in court, and testified, and the statute is a sufficient answer to the objection to their competency.

2. The rule, excluding confessions made under undue influence, applies only to the confessions of a person on trial in a criminal case. The confessions of these witnesses were not offered in evidence against them; and it does not appear that they refused to answer for fear of criminating themselves.

Exceptions overruled.

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By the Court.

1. The statute of 1852, c. 312, § 60, is perfectly clear to the point that prisoners, under sentence for any crime, are competent witnesses. These witnesses were in court, and testified, and the statute is a sufficient answer to the objection to their competency.

2. The rule, excluding confessions made under undue influence, applies only to the confessions of a person on trial in a criminal case. The confessions of these witnesses were not offered in evidence against them; and it does not appear that they refused to answer for fear of criminating themselves.

Exceptions overruled.

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Bluebook (online)

68 Mass. 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newhall-v-jenkins-mass-1854.