Newhall v. Jenkins

Massachusetts Supreme Judicial Court
Newhall v. Jenkins, 68 Mass. 562 (Mass. 1854)

Newhall v. Jenkins

Opinion of the Court

By the Court.

1. The statute of 1852, c. 312, § 60, is perfectly clear to the point that prisoners, under sentence for any crime, are competent witnesses. These witnesses were in court, and testified, and the statute is a sufficient answer to the objection to their competency.

2. The rule, excluding confessions made under undue influence, applies only to the confessions of a person on trial in a criminal case. The confessions of these witnesses were not offered in evidence against them; and it does not appear that they refused to answer for fear of criminating themselves.

Exceptions overruled.

Reference

Full Case Name
Isaac Newhall, Jr. v. Abijah Jenkins
Status
Published