Stevick v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Oyer and Terminer of Cumberland county: Of May Term 1875, No. 43. This was an indictment found August 24th 1874, against Martin Stevick. It contained three counts :— 1. Eor committing a rape on Clara E. Gephart. ■ 2. Assault and battery on Clara E. Gephart with intent to commit a rape. 3. Fornication with Clara E. Gephart.
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Error to the Court of Oyer and Terminer of Cumberland county: Of May Term 1875, No. 43. This was an indictment found August 24th 1874, against Martin Stevick. It contained three counts :— 1. Eor committing a rape on Clara E. Gephart. ■ 2. Assault and battery on Clara E. Gephart with intent to commit a rape. 3. Fornication with Clara E. Gephart. On the trial August 26th 1874, before Junkin, P. J., the defendant offered himself as a witness, under the Act of April 3d 1872, section 1 (Pamph. L. 34, 1 Br. Purd. 625 pi. 21), which in proceedings against persons charged with offences “ not above…
1Opinion of the CourtJustice Woodward
That counts for felony and misdemeanor may be properly joined in an indictment, has been established by an unbroken series of decisions of this court. Such a joinder is now always permitted except where the offences are repugnant in their nature and legal incidents, and the trial and judgment so incongruous as to tend to deprive the defendant of some legal advantage: Henwood v. Commonwealth, 2 P. F. Smith 424.
The offer of the evidence of the prisoner was properly rejected. *464The fact that the indictment contained a count for misdemeanor did not make him competent, because it contained also a…
2Cited by10 opinions
- Commonwealth v. GougerSuperior Court of Pennsylvania · 1902
- Commonwealth v. EberhardtSuperior Court of Pennsylvania · 1949
- Commonwealth v. BerkowitzSuperior Court of Pennsylvania · 1992
- Commonwealth Ex Rel. Case v. Smith, WardenSuperior Court of Pennsylvania · 1938
- Commonwealth v. BerklowitzSuperior Court of Pennsylvania · 1938
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