Scott v. Donovan
Cases that cite this one
14 later published cases cite this decision.
- Johnson v. Walker (Miss. 1905)
- Green v. Commonwealth Ex Rel. Helms (Court of Appeals of Kentucky (pre-1976) 1944)
- Lohsen v. Lawson (Vt. 1934)
- In re Ah Sam (Haw. 1918)
- Sims v. State (Ga. Ct. App. 1915)
- State ex rel. Berge v. Patterson (S.D. 1904)
- Commonwealth v. Kennedy (Mass. 1983)
- Dreikorn v. Durkin (Mass. Dist. Ct., App. Div. 1983)
- In re the Estate of Wendel (New York Surrogate's Court 1933)
- Pope v. Kincaid (W. Va. 1925)
- Akeson v. Doidge (Mass. 1917)
- Lohman v. Reymond (N.M. 1913)
- Land v. State (Ark. 1907)
- State v. Danforth (N.H. 1905)
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
The instruction to the jury as to the period covered by the time of the complainant’s travail was a correct interpretation of the Pub. Sts. c. 85, § 16. The language of the section has not been construed very strictly. Tacey v. Noyes, 143 Mass. 449. 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, 21 Vroom, 490, 493.
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.