## Facts

- Frank E. Bradbury lived in Saco, Maine, with his unmarried sister, Harriet P. Bradbury.
- Harriet’s health was failing; after spending the night in a chair, she died around 4:00 a.m. on June 10, 1938.
- After her death, Bradbury built a hot fire in the house’s basement furnace.
- Bradbury tied a rope to Harriet’s legs, dragged her body down the cellar stairs, placed it into the furnace, and burned it, forcing the body further into the firebox as portions were consumed until the door could be closed.
- A neighbor observed heavy, dark smoke and a strong, unpleasant odor coming from the chimney on the morning of June 10.
- When authorities investigated the next day and asked to see Harriet’s remains, Bradbury shook down the grates and shoveled out ashes from the furnace, indicating that the remains were there.
- Only a few bones were recovered; the rest of the body had been consumed.

## Issues

1. Whether an indictment for “indecently burning a dead human body” alleged a cognizable common-law crime in Maine and adequately stated its elements.
2. Whether the evidence was sufficient to prove the charged common-law offense of indecent disposal of a human corpse.

## Decision

- The Supreme Judicial Court of Maine overruled the defendant’s exceptions and affirmed the conviction.
- The court held that indecent disposal of a human corpse, in a manner contrary to common decency and that would outrage public feelings when known, is a common-law offense.
- The court concluded the indictment sufficiently charged that offense.
- The court concluded the undisputed evidence supported the jury’s finding of indecent burning/disposal.

## Legal Principles

- Maine recognizes common-law crimes, including offenses against public morals where conduct is highly indecent and contrary to accepted standards of decency.
- Any disposal of a dead human body that is contrary to common decency and would outrage public feelings when it becomes known constitutes a common-law offense.
- An indictment is sufficient if it alleges the unlawful act and its indecent character in terms that identify the offense and its wrongful nature.
- A directed verdict is improper where evidence permits a reasonable finding that the manner of disposal meets the common-law standard of indecency offending public sentiment.

## Conclusion

The court affirmed Bradbury’s conviction, holding that burning a human corpse in a domestic furnace under circumstances reflecting indecent disposal is punishable at common law when the manner of disposal is contrary to common decency and would outrage public feelings.


State v. Bradbury, 9 A.2d 657 (Me. 1939)