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Scott v. Donovan
153 Mass. 378
Mass.
1891
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Holmes, J.

The instruction to the jury as to the period covered by the time of the complainant’s travail was a correct interpretation of the Pub. Sts. c. 85, § 16. The language of the section has not been construed very strictly. Tacey v. Noyes, 143 Mass. 449. See Long v. Dow, 17 N. H. 470; Rodimon v. Reding, 18 N. H. 431.

It has been decided in this Commonwealth that the child may be exhibited to the jury. We see no sufficient reason for reconsidering the decision, or for taking a distinction according to age. The youth of the child goes rather to the weight of the evidence. Finnegan v. Dugan, 14 Allen, 197. Gaunt v. State, 21 Vroom, 490, 493.

Exceptions overruled.

Case Details

Case Name: Scott v. Donovan
Court Name: Massachusetts Supreme Judicial Court
Date Published: Feb 27, 1891
Citation: 153 Mass. 378
Court Abbreviation: Mass.
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