Commonwealth v. Pearl
Superior Court of Pennsylvania
Appeal, No. 26, Jan. T., 1907, by defendant, from judgment of Q. S. Carbon Co., Oct. T., 1904, No. 33, on verdict of guilty in case of Commonwealth v. Louis Pearl. Indictment for fornication and bastardy.
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Appeal, No. 26, Jan. T., 1907, by defendant, from judgment of Q. S. Carbon Co., Oct. T., 1904, No. 33, on verdict of guilty in case of Commonwealth v. Louis Pearl. Indictment for fornication and bastardy. After the general charge was concluded counsel for defendant asked the court to charge the jury so far as the remarks of the district attorney were concerned, and as far as taking the baby in his arms and saying it was exhibit “ A,” and calling out the different features and against the objections of the counsel for the defendant, and asked for a dismissal of the proceedings. The Court: In…
1DissentMorrison, J.
I cannot consent to the affirmance of this judgment. A careful examination of the evidence convinces me that the defendant made a very strong defense in the court below and that he did not have a fair and impartial trial, and the question here is- whether his conviction ought to be sustained. This is the second time this case has been before us. After his conviction on the first trial, the defendant appealed to this court, and we were compelled to reverse the judgment because the learned court below refused to allow the defendant to prove that he was sick and delirious during the latter part…
2Cases cited5 opinions
- Commonwealth v. WindishSupreme Court of Pennsylvania · 1896
- Hanawalt v. StateWisconsin Supreme Court · 1885
- Flower v. BaltimoreSupreme Court of Pennsylvania · 1890
- Estate of SheehanSupreme Court of Pennsylvania · 1891
- Commonwealth v. PearlSuperior Court of Pennsylvania · 1905