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Commonwealth v. Harris

Commonwealth v. Thomas Harris

Commonwealth v. Harris, 131 Mass. 336 (1881)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
June 29, 1881
Judges
Morton
Citations
131 Mass. 3361881 Mass. LEXIS 250
Cited by 13 1 descriptions by later courts
Headnotes
In a prosecution for rape, evidence of particular instances of unchastity on the part of the woman with persons other than the defendant is inadmissible.
Summary
Indictment for rape on Clarissa M. Robinson. At the trial in the Superior Court, before Aldrich, J., the defendant offered to show by a witness that, before the time of the alleged rape, the woman had committed adultery with the husband of the witness and with others. This evidence was excluded. The jury returned a verdict of guilty; and the defendant alleged exceptions.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Morton

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Morton, J.

In a prosecution for rape, the character of the woman for chastity is involved in the issue, and may be impeached by general evidence of her reputation, but particular instances of criminal connection with other persons than the defendant are inadmissible. 3 Greenl. Ev. § 214, and cases cited. Commonwealth v. Regan, 105 Mass. 593 . Commonwealth v. O’Brien, 119 Mass. 342 . In the case at bar, the defendant offered evidence to show, not the general character of the woman, but particular instances of un chastity with persons other than himself. The court rightly rejected the evidence.

Exceptions overruled.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 13 cases

View all citing references →
1885–1886: 11887–1888: 11893–1894: 11895–1896: 11901–1902: 11913–1914: 21923–1924: 31965–1966: 12005–2006: 12021–2022: 118852026peak 1923 · 3

Relies on it most ⓘ

  1. Commonwealth v. Harris825 N.E.2d 58 (Mass. 2005)
  2. Commonwealth v. Cotting248 Mass. 401 (1924)
  3. Commonwealth v. Gardner216 N.E.2d 558 (Mass. 1966)
  4. State v. Ogden65 P. 449 (Or. 1901)
  5. COMMONWEALTH v. GUSTAVO GONZALEZ SANTOS.100 Mass. App. Ct. 1 (2021)
  6. Miller v. Curtis32 N.E. 1039 (Mass. 1893)

Most recent

  1. COMMONWEALTH v. GUSTAVO GONZALEZ SANTOS.100 Mass. App. Ct. 1 (2021)
  2. Commonwealth v. Harris825 N.E.2d 58 (Mass. 2005)
  3. Commonwealth v. Gardner216 N.E.2d 558 (Mass. 1966)
  4. Commonwealth v. Dies248 Mass. 482 (1924)
  5. Commonwealth v. Cotting248 Mass. 401 (1924)
  6. Commonwealth v. Duff139 N.E. 351 (Mass. 1923)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Commonwealth v. O'Brien, 119 Mass. 342 (1876) 32
Commonwealth v. Regan, 105 Mass. 593 (1870) 17

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