(Download) "Commonwealth v. Kimball" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Kimball
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 27, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
WILKINS, Justice. The defendant was convicted upon a complaint that on or about September 4, 1946, he 'did indecently assault and beat' Bertha E. Kimball. His exceptions to the denial of requests for instructions and of his motion for a directed verdict of not guilty raise the question whether he could be convicted upon his own uncorroborated admission of guilt. In the Superior Court the testimony was given by three witnesses for the Commonwealth. Bertha E. Kimball testified that she was 14 years of age on June 22, 1946; that the defendant was her father; that on September 4 her mother was in the hospital and that she was at home alone with her father, but that nothing happened to her; that prior to her testimony in the Superior Court she had spoken with Maurice McCarthy, a police officer; that she had testified in the Municipal Court of the Dorchester District; that since her testimony in the Dorchester court her mother had died and she had been living with an older sister; that she testified in the Dorchester court that on September 4 her father had taken her to bed with him; that the incident never happened; that she had testified in the Dorchester court that on September 4 her father had placed his hand upon her in an indecent manner; that in fact he had never done this to her; that her testimony in the Dorchester court was a mistake; that she had so testified because she was 'mad at' her father; that she had previously told the same story to the clerk of the Dorchester court; that she had not spoken with anyone concerning changing her testimony; that, when she first made the accusations, she had not realized how serious it was going to be; and that her testimony in the Superior Court was given voluntarily.