Commonwealth v. Wardell
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 165, § 6, the second count of which charged that, on January 17, 1879, at Coleraine, the defendant “ did commit open and gross lewdness and lascivious behavior, and did then and there lewdly and lasciviously expose-his private parts in a most indecent posture and situation in the presence of one Rosa Beauchamp.”
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Indictment on the Gen. Sts. c. 165, § 6, the second count of which charged that, on January 17, 1879, at Coleraine, the defendant “ did commit open and gross lewdness and lascivious behavior, and did then and there lewdly and lasciviously expose-his private parts in a most indecent posture and situation in the presence of one Rosa Beauchamp.” At the trial in the Superior Court, before Dewey, J., the jury returned a verdict of guilty ; and the defendant alleged exceptions, the substance of which appears in the opinion.
1Opinion of the CourtColt, J.
The second count in the indictment charges an offence under the Gen. Sts. c. 165, § 6, which provides punishment for lewd and lascivious cohabitation and for open and gross lewdness and lascivious behaviour. No objection was made to the form of the indictment. The evidence at the trial was that the defendant went to a private house not his own with some small articles to sell, and, finding no one there but a girl of eleven years, and a child of four, proceeded in the presence of both to make an indecent exposure of his person, and that the elder girl, who alone saw it, fled in fright to a…
2Cases cited3 opinions
- State v. MillardSupreme Court of Vermont · 1846
- Commonwealth v. CatlinMassachusetts Supreme Judicial Court · 1804
- Fowler v. StateSupreme Court of Connecticut · 1811
3Cited by43 opinions
- Commonwealth v. AdamsMassachusetts Supreme Judicial Court · 1983
- Commonwealth v. FergusonMassachusetts Supreme Judicial Court · 1981
- Jaquith v. CommonwealthMassachusetts Supreme Judicial Court · 1954
- State v. BrennerSupreme Court of New Jersey · 1945
- Commonwealth v. PerrettiMassachusetts Appeals Court · 1985
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