Commonwealth v. Bakeman
Massachusetts Supreme Judicial Court
Indictment alleging that the defendants, Isaac Bakeman and Margaret Brooks, a married woman, on July 5, 1880, at Northampton, “ did commit the crime of adultery with each other, by then and there having carnal knowledge of the bodies of each other.”
Read the full summary
Indictment alleging that the defendants, Isaac Bakeman and Margaret Brooks, a married woman, on July 5, 1880, at Northampton, “ did commit the crime of adultery with each other, by then and there having carnal knowledge of the bodies of each other.” Trial in the Superior Court, before Dewey, J., who allowed a bill of exceptions in substance as follows: The government introduced evidence tending to show that on the day named in the indictment Bakeman was seen dragging Brooks on the ground into a lot, and they were afterwards seen in the act of sexual intercourse. Brooks testified that she had…
1Opinion of the CourtAllen, J.
The indictment charges a joint act by both defendants, constituting a crime in each. It is the common case of different defendants jointly indicted for a crime which may be committed by one alone. The charge is several as well as joint, and one defendant can be convicted upon proof of a several act by him. Such indictments must be construed as if they contained the allegations that the acts constituting the offence, and charged to have been done by the defendants jointly, were also done by each defendant separately. In accordance with that construction, the indictment in this case includes…
2Cases cited3 opinions
- Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
- White v. WhiteCourt of Appeals of Kentucky · 1859
- State v. SandersSupreme Court of Iowa · 1870
3Cited by19 opinions
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- State v. HurdSupreme Court of Iowa · 1897
- Signs v. StateCourt of Criminal Appeals of Oklahoma · 1926
- State v. ChambersSupreme Court of Iowa · 1893
- State v. . CutshallSupreme Court of North Carolina · 1891
14 more not listed; retrieve them via the Exa API.