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105 Mass. 22

Root v. Hamilton

Massachusetts Supreme Judicial Court

Decided September 15, 1870

Massachusetts Supreme Judicial Court · decided 1870-09-15

<p>H, to impeach a party who testifies in his own behalf on the trial, the other party puts in evidence the record of a criminal conviction of a person of the same name as the witness, end then is permitted, against objection, to ask him, on cross-examination, whether he is that person, and he voluntarily replies that he is, the permission of the question affords no ground of exception.</p>

Relies on Commonwealth v. Bonner

Good law ✅— No negative treatment on recordhow we know

Decided 1870-09-15

How this case has been cited

Cited by 4 later decisions — most recently March 1975

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Morton, J.

¶1At the trial, the defendant testified as a witness in his own behalf. The plaintiff put in the record of the conviction of one John Hamilton for receiving and concealing stolen goods. This was not objected to, and was competent. The defendant, having assumed the privilege of becoming a witness, was subject to impeachment in the same manner as any other witness. Commonwealth v. Bonner, 97 Mass. 587. The plaintiff then asked the defendant, in cross-examination, whether he was the John Hamilton described in said record. The defendant’s counsel objected to the question as incompetent, but the court ruled that the question might be asked, and the witness replied, “ I suppose I am.” The question whether the witness was privileged from answering was not raised. He answered voluntarily and without claiming any privilege. The rule of law is settled, that, in cases in which a witness is not bound to answer a question, yet the question may be asked if his answer, should he waive his privilege, would be competent. 1 Greenl. Ev. § 460. The question and answer in this case were competent. They proved the identity of the defendant with the John Hamilton named in the record produced, — a fact which the record does not show and which could only be proved by paroi testimony,

¶2 Exceptions overruled.

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