Scott v. Donovan
| Citation | 26 N.E. 871,153 Mass. 378 |
| Parties | SCOTT v. DONOVAN. |
| Decision Date | 27 February 1891 |
| Court | United States State Supreme Judicial Court of Massachusetts |
E.A. Phelps, for complainant.
E.C. Bumpus, for defendant.
The instruction to the jury, as to the period covered by the time of the complainant's travail, was a correct interpretation of Pub.St. c. 85, § 16. The language of the section has not been construed very strictly. Tacey v. Noyes, 143 Mass. 449, 9 N.E. 830. See Long v. Dow, 17 N.H. 470; Rodimon v. Reding, 18 N.H. 431.
It has been decided in this commonwealth that the child may be exhibited to the jury. We see no sufficient reason for reconsidering the decision, or for taking a distinction according to age. The youth of the child goes rather to the weight of the evidence. Finnegan v. Dugan, 14 Allen, 197; Gaunt v. State, 50 N.J.Law, 490, 493, 14 Atl.Rep. 600.
Exceptions overruled.
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Scott v. Donovan
...153 Mass. 37826 N.E. 871SCOTTv.DONOVAN.Supreme Judicial Court of Massachusetts, Norfolk.Feb. 27, Exceptions from superior court, Norfolk county; JAMES M. BARKER, Judge. Complaint for bastardy under Pub.St. c. 85. The complainant offered evidence tending to show that she, a single woman, was......