Commonwealth v. Doherty
| Decision Date | 08 May 1884 |
| Citation | 137 Mass. 245 |
| Parties | Commonwealth v. Annie Doherty |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Suffolk. Indictment, on the Pub. Sts. c. 207, § 29 charging the defendant, at Boston, on December 11, 1882, and on divers other days and times between that day and the day of the finding of the indictment, July 1, 1883, with being an idle and disorderly person, and with neglecting all lawful business, and habitually misspending her time by frequenting houses of ill-fame, gaming-houses, and tippling-shops. Trial in the Superior Court, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows:
There was evidence on the part of the government, by the testimony of five policemen, that, from December 25, 1882, to June 11 1883, the defendant, at all times of the day and night, was seen in tippling-shops and dance-halls, and in one instance in a house of ill-fame, and standing in the door of a house on more than one occasion, soliciting men passing by, who were strangers to her, to enter the house in which she stood; that all of these occurrences were on North Street, in Boston; that she was not seen, during said time, engaged in any lawful occupation or work of any kind.
On the part of the defendant, there was evidence that, in January and February, 1883, she was pregnant, and was the subject of a surgical operation incident to her condition of pregnancy, on March 9, 1883; that she was admitted into the City Hospital on March 14, 1883, and was discharged therefrom on April 19, 1883, with a record of the hospital, that her "condition was much relieved."
The defendant asked the judge to instruct the jury that the facts in evidence were not, in law, sufficient to warrant the finding that the defendant was guilty; but the judge declined to give this instruction.
The defendant also asked the judge to instruct the jury, that, to warrant a finding that the defendant was guilty, there must be evidence, beyond a reasonable doubt, beside that of the fact that she habitually misspent her time in frequenting tippling-shops and houses of ill-fame, that she was in need of her own work to provide for her subsistence; that she was also physically able to do such work; and that she also had opportunities for such work; and the three facts last stated must be proved by direct and affirmative evidence.
The judge instructed the jury, as requested, upon the matters of the defendant's need, ability, and opportunity to work did not instruct the jury that there must be direct and affirmative evidence of these facts; but instructed them that they might find, upon the facts and circumstances in evidence, that the defendant was idle and disorderly within the meaning of the law, if they had no reasonable doubt of the facts of her need, ability,...
To continue reading
Request your trial
-
Attorney Gen. v. Pelletier
...an inference is no less sound proof than direct testimony. Doyle v. Boston & Albany Railroad, 145 Mass. 386, 14 N. E. 461;Commonwealth v. Doherty, 137 Mass. 245;Barrett v. Bruffee, 182 Mass. 229, 65 N. E. 44;Commonwealth v. Asherowski, 196 Mass. 342, 346, 82 N. E. 13. Of course this evidenc......
-
Com. v. Bonomi
... Page 140 ... 140 N.E.2d 140 ... 335 Mass. 327 ... COMMONWEALTH" ... Domenick L. BONOMI ... Supreme Judicial Court of Massachusetts, Plymouth ... Argued Oct. 1, 1956 ... Decided Jan. 31, 1957 ... \xC2" ... Page 161 ... v. Doherty, 137 Mass. 245, 247. Commonwealth v. Asherowski, 196 Mass. 342, 347, 82 N.E. 13; Commonwealth v. Merrick, 255 Mass. 510, 514, 152 N.E. 377; ... ...
-
Com. v. Kobrin
...343, 349, 868 N.E.2d 99 (2007), quoting from Commonwealth v. Latimore, 378 Mass. 671, 677, 393 N.E.2d 370 (1979). See Commonwealth v. Doherty, 137 Mass. 245, 247 (1884) ("There is a case for the jury, unless the inference either is forbidden by some special rule of law, or is declared unwar......
-
Attorney General v. Pelletier.
...Proof by such an inference is no less sound proof than direct testimony. Doyle v. Boston & Albany Railroad, 145 Mass. 386 . Commonwealth v. Doherty, 137 Mass. 245 . v. Bruffee, 182 Mass. 229 . Commonwealth v. Asherowski, 196 Mass. 342 , 346. Of course this evidence standing alone does not p......