Commonwealth v. Allen
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF OYER AND TERMINER OF POTTER COUNTY. No. 423 January Term 1889, Sup. Ct.; court below, No. 1 September Term 1888, O. & T. On June 11,1888, the grand jury returned as a true bill an indictment charging that on April 1, 1888, Wesley-Allen, a married man having a lawful wife, made an assault upon one Myra Lebar, a woman child under the age of sixteén years', and..her did feloniously, violently and unlawfully ravish, and carnally know and…
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APPEAL BY DEFENDANT FROM THE COURT OF OYER AND TERMINER OF POTTER COUNTY. No. 423 January Term 1889, Sup. Ct.; court below, No. 1 September Term 1888, O. & T. On June 11,1888, the grand jury returned as a true bill an indictment charging that on April 1, 1888, Wesley-Allen, a married man having a lawful wife, made an assault upon one Myra Lebar, a woman child under the age of sixteén years', and..her did feloniously, violently and unlawfully ravish, and carnally know and abuse, forcibly and against her will, etc. The indictment was certified into the Court of Oyer and Terminer for trial. On…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
This case discloses an amount of social and moral degradation that is not pleasant to contemplate. Its discussion will be confined within the narrowest possible bounds.
The motion to change the venue was in the sound discretion of the court below. The application was made upon the ground that a fair trial of the defendant could not be had in Potter county. The act of March 18, 1875, P. L. 30, provides that in criminal prosecutions the venue may be changed, for the causes enumerated in the act, when it “is made to appear to the satisfaction of the court” that…
2Cited by24 opinions
- Commonwealth v. DillonSupreme Court of Pennsylvania · 2007
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1959
- Commonwealth v. KrickSuperior Court of Pennsylvania · 1949
- State v. KingSupreme Court of Iowa · 1902
- State v. DudleySupreme Court of Iowa · 1910
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