Legal Opinion

Bergen v. People

Illinois Supreme Court

Decided June 15, 1856PublishedCited by 50 opinions

This cause was tried before Randall, Judge, and a jury, at December term, 1855, of the Will Circuit Court. The plaintiff in error was found guilty, and his punishment fixed at four years in the penitentiary.

1Opinion of the CourtSkinner, J.

This was an indictment for incest. The indictment charges that the defendant committed the incestuous acts “ upon the person of Phebe R. Bergen, the said Phebe R. Bergen then and there being the daughter of him, the said John Bergen,” &c. A motion to quash the indictment was made and overruled. It is contended that the indictment does not, with sufficient certainty, aver that the relation of parent and child existed between the defendant and Phebe R. Bergen. The language is plain, as broad as the language of the statute defining incest, and means that the natural relation of parent and child…

2Cases cited5 opinions

  1. People v. BadgleyNew York Supreme Court · 1836
  2. People v. HennesseyNew York Supreme Court · 1836
  3. Wilbur v. SeldenNew York Supreme Court · 1826
  4. Le Baron v. CrombieMassachusetts Supreme Judicial Court · 1817
  5. Hobson v. Doe, on the Demise of HarperIndiana Supreme Court · 1830

3Cited by50 opinions

  1. People v. FurbyIllinois Supreme Court · 1990
  2. State v. PattersonSupreme Court of Missouri · 1881
  3. People v. LuederIllinois Supreme Court · 1954
  4. The People v. O'NeilIllinois Supreme Court · 1960
  5. People v. BuckminsterIllinois Supreme Court · 1916

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