Douglass v. Commonwealth
Supreme Court of Pennsylvania
• ERROR to the quartet sessions of Venango county. This was an indictment against Martha Douglass, under the act of the 22d of April 1794, which contained three counts, upon the first two of which the prisoner was acquitted, and upon the third she was* convicted. The question argued here was upon the sufficiency of this count.
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• ERROR to the quartet sessions of Venango county. This was an indictment against Martha Douglass, under the act of the 22d of April 1794, which contained three counts, upon the first two of which the prisoner was acquitted, and upon the third she was* convicted. The question argued here was upon the sufficiency of this count. “ And the grand inquest aforesaid, upon their oaths and affirmations aforesaid, do further present, that the said Martha Douglass, late of Venango county, single woman, on the aforesaid third day of August, in the year of our Lord one thousand eight hundred and thirty…
1Opinion of the Court
*536The opinion of the Court was delivered by
Rogers, J.
Upon a prosecution, under the act of the 22d of April 1794, for concealing the birth of a child, the prosecutor must prove the birth of the child, its death, an endeavour to conceal its birth, and that if horn alive it would be a bastard. These are material facts, and must be directly averred, for nothing can be taken by intendment, or by way of recital, to supply the want of certainty in an indictment. 2 Hawk. ch. 25, sect. 60; 1 Salk. 371. An indictment under the 43 Geo. 3, ch. 38, for endeavouring to conceal the birth of a child, must show…
2Cases cited1 opinion
- Powers v. M'FerranSupreme Court of Pennsylvania · 1815
3Cited by1 opinion
- Commonwealth v. RileyMontgomery County Court of Quarter Sessions · 1953