¶1The testimony of the police officer to the conversation between himself and the witness Mrs. Newhall, in the presence of the defendant, while the latter was in custody, should not have been admitted. The defendant was not bound to deny or reply to the statements made between them, and his silence under such circumstances warranted no inference against him. Commonwealth v. Kenney, 12 Met. 235, states fully the rule of law applicable to such a case, and applies it to a state of facts almost precisely identical with those disclosed in these exceptions, which must be sustained.
95 Mass. 570
Commonwealth v. Walker
Massachusetts Supreme Judicial Court
Decided November 15, 1866
Massachusetts Supreme Judicial Court · decided 1866-11-15
Indictment for larceny of money in a building. At the trial in the superior court, before Brigham, J., there was evidence tending to connect the defendant Walker with the larceny ; and a Mrs. Newhall, a witness for the Commonwealth, testified that she lived in the neighborhood of the house in which the larceny was committed, and on the night of the larceny Walker came to her house with another man whom he called Cary, but who did not correspond in size or appearance with…
Decided 1866-11-15