Commonwealth v. Cooke

7 Am. L. Reg. 417 (1859)

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Commonwealth v. Cooke

Boston Police Court
7 Am. L. Reg. 417 (1859)

  • Written by Elizabeth Yingling, JD

Facts

The Massachusetts constitution prohibited punishment for religious beliefs. Pursuant to Massachusetts state law, public-school students were required to read or memorize the Lord’s Prayer and the Ten Commandments. Wall, an 11-year-old student, attended a church sermon in which the priest commanded the children not to read or repeat the Commandments in school. The following day, Wall and other students refused to read or repeat either the Lord’s Prayer or the Commandments. Wall’s teacher, Cooke (defendant) punished Wall’s noncompliance by repeatedly hitting his hands with a long stick. Cooke continued asking Wall to comply with the school requirements. When Wall refused, Cooke continued hitting his hands. After 30 minutes, Wall agreed to comply, and Cooke stopped the punishment. Wall’s hands were swollen, but he was not severely injured. Cooke was charged with assault.

Rule of Law

Issue

Holding and Reasoning (Maine, J.)

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