Massachusetts Supreme Judicial Court, 1885

Commonwealth v. Haskell

Commonwealth v. Haskell
Massachusetts Supreme Judicial Court · Decided October 6, 1885
140 Mass. 128; 2 N.E. 773; 1885 Mass. LEXIS 298
Commonwealth v. Haskell

Cases that cite this one

5 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court.

Whether any inference could be fairly drawn from the failure of the defendant to produce the testimony of York, his partner, under the circumstances of the case, was for the jury to determine. The court rightly refused to rule, as matter of law, as requested by the defendant, that “ it was the duty of the government, rather than of the defence, to hold him as a witness.” There is no law which required the government, rather than the defendant, to hold or call him as a witness.

Exceptions overruled.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.