Railing v. Commonwealth
Supreme Court of Pennsylvania
Error to tbe Court of Quarter Sessions of Cumberland county : Of January Term 1885, No. 297. Indictment of Charles A. Railing for unlawfully administering a drug to Annie Foust, a pregnant woman, with intent to procure a miscarriage, in consequence whereof the said Annie Foust died. Plea, not guilty et de hoc.
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Error to tbe Court of Quarter Sessions of Cumberland county : Of January Term 1885, No. 297. Indictment of Charles A. Railing for unlawfully administering a drug to Annie Foust, a pregnant woman, with intent to procure a miscarriage, in consequence whereof the said Annie Foust died. Plea, not guilty et de hoc. On the trial, before Herman, P. J., the following facts appeared: On January 22d, 1884, about 4 P. M., defendant took Annie Foust, at that time pregnant with child, from her father’s house in a sleigh. They were next seen at supper at a hotel at Carlisle, nine miles distant, and the…
1Opinion of the CourtJustice Green
The principal question in this case is that which relates to the admissibility of the dying declarations of Annie Foust. The defendant was charged with administering to her a drug with intent to procure a miscarriage, and it was also charged that her death resulted as a consequence. There were four counts in the indictment and all of them charged the death of the woman as the result of the defendant’s unlawful act. It is entirely unquestioned that dying declarations are admissible only in homicide cases, as a rule, and that the death of the deceased must be the subject of the charge and the…
2Cases cited2 opinions
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- State v. DickinsonWisconsin Supreme Court · 1877
3Cited by20 opinions
- Commonwealth v. GardnerSupreme Court of Pennsylvania · 1925
- Commonwealth v. StalloneSupreme Court of Pennsylvania · 1924
- Commonwealth v. WinkelmanSuperior Court of Pennsylvania · 1900
- Winfrey v. StateCourt of Criminal Appeals of Texas · 1900
- Lovejoy v. StateCourt of Criminal Appeals of Oklahoma · 1921
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