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Commonwealth v. Hayes

Commonwealth v. John E. Hayes

Commonwealth v. Hayes, 149 N.E. 417 (Mass. 1925)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
November 12, 1925
Judges
Rugg
Citations
149 N.E. 417253 Mass. 5411925 Mass. LEXIS 1291

Opinion of the Court — Rugg

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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 time 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1927: 11934: 11951: 11970: 119272026peak 1927 · 1

Relies on it most ⓘ

  1. Juskulski v. State190 N.E. 423 (Ind. 1934)
  2. Commonwealth v. Connolly255 N.E.2d 191 (Mass. 1970)
  3. Commonwealth v. Tilley99 N.E.2d 749 (Mass. 1951)
  4. Commonwealth v. Fortier155 N.E. 8 (Mass. 1927)

Most recent

  1. Commonwealth v. Connolly255 N.E.2d 191 (Mass. 1970)
  2. Commonwealth v. Tilley99 N.E.2d 749 (Mass. 1951)
  3. Juskulski v. State190 N.E. 423 (Ind. 1934)
  4. Commonwealth v. Fortier155 N.E. 8 (Mass. 1927)

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 3

DepthCaseCited by
Norris v. Doniphan, 61 Ky. 385 (1863) 76
Commonwealth v. Walsh, 82 N.E. 19 (Mass. 1907) 24
Commonwealth v. Danton, 243 Mass. 552 (1923) 10

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