¶1There was sufficient evidence to justify a verdict of guilty. The jury having found that a mesh net was a seine, there was no variance. In weighing the testimony of the government witness, the jury had the right to consider what was his condition and station, and the reference to him by the court in the charge as the sheriff of the county is no ground of exception. The court properly left it to the jury to say to what extent his credit was affected by the fact that he was interested in the result of the case. Exceptions overruled.
137 Mass. 576
Commonwealth v. Pease
Massachusetts Supreme Judicial Court
Decided October 29, 1884
Massachusetts Supreme Judicial Court · decided 1884-10-29
Indictment, under the St. of 1882, c. 65, § 1, charging that the defendant, at Edgartown, on June 10, 1884, “ unlawfully did draw a seine in certain of the waters of and in the said town of Edgartown, to wit, in the waters known as and called Cape Poge Pond, the said waters not being then and there any part of Oyster Pond, Great Pond, or Job’s Neck Pond, with the intent and for the purpose of then and there, and by means of said seine, taking and catching bluefish; against…
Cited by 3 later decisions — most recently May 1928
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1884-10-29
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