Commonwealth v. Seeley
Massachusetts Supreme Judicial Court
Two indictments, for adultery. The first indictment alleged that “ William Seeley,” on November 20, 1895, at New Marlborough, committed adultery with “ Carrie Hall,” she being a married woman and having a lawful husband alive. The second indictment alleged that “ Carrie Hall,” at the same time and place named in the first indictment, committed adultery with “ William Seeley.”
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Two indictments, for adultery. The first indictment alleged that “ William Seeley,” on November 20, 1895, at New Marlborough, committed adultery with “ Carrie Hall,” she being a married woman and having a lawful husband alive. The second indictment alleged that “ Carrie Hall,” at the same time and place named in the first indictment, committed adultery with “ William Seeley.” In the Superior Court, before Sherman, J., when the cases were in order for trial, the District Attorney moved that they be tried together, stating that the witnesses in each case would be the same. The defendants each…
1Opinion of the CourtMorton, J.
In Commonwealth v. Bickum, 153 Mass. 386, it was held that two complaints against the same defendant charging him with two distinct offences could not be tried together against his objection. This case presents a different question, namely, whether the court could in its discretion direct that the two defendants, who had been indicted separately, each for adultery with the other at the same time and place, should be tried together without their consent.
The power of the court to regulate the conduct of causes before it with a view to the proper despatch of business and the interests of parties…
2Cases cited7 opinions
- United States v. MarchantSupreme Court of the United States · 1827
- Commonwealth v. JamesMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. BinghamMassachusetts Supreme Judicial Court · 1893
- Commonwealth v. TrainorMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. MillerMassachusetts Supreme Judicial Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Commonwealth v. FancyMassachusetts Supreme Judicial Court · 1965
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. FrenchMassachusetts Supreme Judicial Court · 1970
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. GalloMassachusetts Supreme Judicial Court · 1931
14 more not listed; retrieve them via the Exa API.