Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase meaning together with. It was formerly used in an indictment or other instrument to indicate that a defendant had committed an injury jointly with others unknown.
Sources & Authorities· 33 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Joint Burglary Indictment
Prosecutors charge Thomas Reed with burglary simul cum persons unknown. The indictment alleges Reed and unidentified accomplices broke into the warehouse. Reed moves to dismiss for vagueness. The court denies the motion because the phrase properly identifies the joint conduct.
Assault With Unknown Others
The grand jury indicts Maria Lopez for assault simul cum others unknown. The pleading states Lopez and two masked individuals attacked the victim. Lopez objects that the unknown parties render the charge defective. The judge upholds the indictment under traditional pleading practice.
Theft Indictment Language
Authorities file an information against Robert Kane for larceny simul cum unknown confederates. The document recites that Kane and unnamed persons took the goods. Kane demurs, claiming the phrase is archaic. The court overrules the demurrer as historically accepted.
The district attorney indicts Elena Vargas for robbery simul cum persons unknown. The instrument specifies Vargas and unidentified accomplices used force. Vargas seeks to quash the pleading. The court refuses because the maxim sufficiently alleges joint liability.
Forgery With Unnamed Parties
Prosecutors present an indictment against Henry Moss for forgery simul cum others unknown. The charging document states Moss and unknown individuals altered the deed. Moss argues the language is too indefinite. The trial court sustains the pleading under old common-law usage.
Conspiracy Indictment Drafting
The state charges Paula Ruiz with conspiracy simul cum unknown co-conspirators. The indictment alleges Ruiz and unnamed others agreed to commit arson. Ruiz moves to strike the phrase. The court denies relief, recognizing the maxim's established role in joint-offense pleadings.
Common questions
Frequently Asked
1
What does the Latin maxim simul cum signify in older pleadings?+
It means together with and was used to show that a defendant acted jointly with unknown others in committing the alleged injury.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…has application only postnatally. None indicates, with any assurance, that it has any possible pre-natal application. All this, together with our observation, supra , that throughout the major portion of the 19th century prevailing legal abortion practices were far freer than they are today, persuades us that the word "person,"…