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152 Mass. 488

Commonwealth v. Harrington

Massachusetts Supreme Judicial Court

Decided November 25, 1890

Massachusetts Supreme Judicial Court · decided 1890-11-25

Indictment for larceny from the person of one Delano. At the trial in the Superior Court, before Thompson, J., the government, in addition to other evidence tending to show that the defendant committed the larceny, introduced evidence that the defendant when with Delano, who was very much intoxicated at the time, was seen to put his hand into Delano’s pockets.

Decided 1890-11-25

Knowlton, J.

¶1Evidence was introduced tending to show that the defendant stole a pocket-book from the pocket of one Delano, as alleged in the indictment. To meet this evidence, the defendant testified in his own behalf, and endeavored to *489explain suspicious appearances testified to by witnesses for tbe Commonwealth. As affecting his credibility, it was competent to sbow tbat at tbe trial in tbe district court, tbe next day after the occurrence, be volunteered to testify in bis own defence in regard to tbe transaction, and gave no such explanation. If bis statement made at tbe last trial bad been true, be would have been likely to make it at tbe first trial.

¶2Exceptions overruled.

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