Commonwealth v. Rosenblatt
| Decision Date | 07 November 1914 |
| Citation | 106 N.E. 852,219 Mass. 197 |
| Parties | COMMONWEALTH v. ROSENBLATT. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
John J. Burke, Asst. Dist. Atty., of Gloucester, for the commonwealth.
A. B. Tolman, of Lynn, for defendant.
At the trial of the defendant, upon this complaint which charged him with failing to contribute reasonably to the support of an illegitimate child, the mother, a married woman, was allowed to testify that her husband had deserted her more than three years before the child was begotten, that she had not seen him since and that the defendant was the father of the child. There was also some evidence tending to show that the husband was in Europe. It has been said that apart from statute parents are not permitted to give testimony to make spurious the issue of the mother born in lawful wedlock. Abington v. Duxbury, 105 Mass. 287, 290; Koffman v. Koffman, 193 Mass. 593, 79 N.E. 780. But St. 1913, c. 563, upon which this complaint is founded, by section 6 adopts the 'practice' established by St. 1911, c. 456. Section 7 of the latter act provides that:
Exceptions overruled.
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...v. Callaghan, 223 Mass. 150, 111 N. E. 773, ceptiorari denied 241 U. S. 667, 36 Sup. Ct. 551, 60 L. Ed. 1229;Commonwealth v. Rosenblatt, 219 Mass. 197, 106 N. E. 852. See Commonwealth v. Cassidy, 209 Mass. 24, 95 N. E. 214. In all the decisions just cited it was assumed without discussion t......
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...273, Section 15, Commonwealth v. Callaghan, 223 Mass. 150 , certiorari denied, Callaghan v. Massachusetts, 241 U.S. 667, Commonwealth v. Rosenblatt, 219 Mass. 197 . Commonwealth v. Cassidy, 209 Mass. 24 . In all the decisions just cited it was assumed without discussion that the statute was......
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