Legal Opinion · Dissent

Commonwealth v. Brown

Supreme Court of Pennsylvania

Decided October 12, 1971No. Appeal, 303Published

1Dissent

Dissenting Opinion by

Mr. Justice Pomeroy:

Although the conduct of the defendant in this case ivas, beyond cavil, reprehensible, I have serious doubt that the Commonwealth sustained its burden to prove that he possessed the required specific intent to ravish. The-,,statute establishing the crime involved reads: “Whoever commits an assault and battery upon a female, with intent, forcibly and against her .will, to have tmlawful carnal knowledge other, is guilty, of a felony. . . .” Act of June 24, 1939, P. L. 872, 18 P.S. §4722 *323(1963). ■ The defendant’s bullying threats in this case seem to me…

2Cases cited5 opinions

  1. Krulewitch v. United StatesSupreme Court of the United States · 1949
  2. Commonwealth v. JaynesSuperior Court of Pennsylvania · 1939
  3. Commonwealth v. ShrodesSupreme Court of Pennsylvania · 1946
  4. Commonwealth v. HeatonSuperior Court of Pennsylvania · 1941
  5. Commonwealth v. MollSuperior Court of Pennsylvania · 1940

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