Commonwealth v. David R. Brown
Massachusetts Supreme Judicial Court
121 Mass. 69 (1876)
- Written by Jenny Perry, JD
Facts
David Brown (defendant) was indicted for performing abortions on Emma Smith and Frances Chase. At trial, a police officer, John George, testified that he had assisted in Brown’s arrest and removed some surgical instruments from Brown’s office that were presented to the jury with George’s testimony. The day after Brown was arrested, George took him into the presence of Smith and Chase and asked Smith and Chase if they knew Brown. According to George, one of the women knew him as Dr. King, and the other knew him as Dr. Brown. George also testified that both Smith and Chase told him, in Brown’s presence, that they went to see Brown to get rid of children. Brown did not deny the assertion during the meeting but rather asked Smith and Chase if they had previously been operated on by someone else. Brown objected to George’s testimony. The jury convicted Brown, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Morton, J.)
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