Com. v. Rollo

Decision Date20 October 1909
Citation89 N.E. 556,203 Mass. 354
PartiesCOMMONWEALTH v. ROLLO.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court
COUNSEL

Stephen S. Taft, Dist. Atty., for the Commonwealth.

P. J. Moore, for defendant.

OPINION

HAMMOND, J.

One of the legitimate arguments which could have been made against the credibility of the complainant's story was that she did not promptly complain to her mother. While the conversation which took place between the defendant's wife and the complainant was not admissible as evidence of any fact, or even of the good faith of the wife in making the threat therein contained, yet it was admissible as tending to explain the delay of the complainant in making her complaint. This is too plain to require discussion or the citation of authorities.

Exceptions overruled.

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10 cases
  • Com. v. Edgerly
    • United States
    • Appeals Court of Massachusetts
    • May 21, 1982
    ...(1981) 1987, 1993, 428 N.E.2d 832. See generally Commonwealth v. Cleary, 172 Mass. 175, 177, 51 N.E. 746 (1898); Commonwealth v. Rollo, 203 Mass. 354, 355, 89 N.E. 556 (1909); Commonwealth v. Ellis, 319 Mass. 627, 629-630, 67 N.E.2d 234 (1946); Commonwealth v. Hanger, 357 Mass. 464, 466, 25......
  • Glover v. Callahan
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • December 27, 1937
    ...argument against her credibility may be made solely on the basis of the absence of evidence of such a complaint. Commonwealth v. Rollo, 203 Mass. 354, 89 N.E. 556. The fact that she did not make a complaint ‘is proper to be considered on the question of the weight to be given her testimony.......
  • Com. v. Wilson
    • United States
    • Appeals Court of Massachusetts
    • September 24, 1981
    ...the defendant, who had hit her and warned her not to tell her mother or she (the victim) would be in trouble, see Commonwealth v. Rollo, 203 Mass. 354, 355, 89 N.E. 556 (1909); Commonwealth v. Izzo, 359 Mass. at 42-43, 267 N.E.2d 631; Commonwealth v. Healey, --- Mass.App. ---, ---, b 396 N.......
  • Glover v. Callahan
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • December 27, 1937
    ... ... may be made solely on the basis of the absence of evidence of ... such a complaint. Commonwealth v. Rollo, 203 Mass ... 354 ... The fact that she did not make a complaint "is ... proper to be considered on the question of the weight to be ... given her ... ...
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