Commonwealth v. Moll
Superior Court of Pennsylvania
Appeal, No. 199, Oct. T., 1908, by defendant, from judgment of O. & T. Franklin Co., Feb. T., 1908, No. 5, on verdict of guilty in case of Commonwealth v. D. C. Moll. Indictment for aiding and abetting a woman in concealing the birth of her bastard child. The facts are stated in the opinion of the Superior Court. Verdict of guilty, upon which the prisoner was sentenced to two years and six months in the penitentiary.
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Appeal, No. 199, Oct. T., 1908, by defendant, from judgment of O. & T. Franklin Co., Feb. T., 1908, No. 5, on verdict of guilty in case of Commonwealth v. D. C. Moll. Indictment for aiding and abetting a woman in concealing the birth of her bastard child. The facts are stated in the opinion of the Superior Court. Verdict of guilty, upon which the prisoner was sentenced to two years and six months in the penitentiary. Errors assigned were various instructions quoted in the opinion of the Superior Court.
1Opinion of the Court
Opinion by
Morrison, J.,
The defendant was jointly indicted, tried and convicted with Florence Hessler under the provisions of the Act of March 31, 1860, sec. 89, P. L. 382, which reads: “If any woman shall endeavor privately, either by herself or the procurement of others, to conceal the death of any issue of her body, male or female, which, if it were born alive, would by law be a bastard, so that it may not come to light, whether it was born dead or alive, or whether it was murdered or not, every such mother being convicted thereof, shall suffer an imprisonment by separate or solitary…
2Cases cited2 opinions
- Linn v. CommonwealthSupreme Court of Pennsylvania · 1881
- Coxe v. DeringerSupreme Court of Pennsylvania · 1876
3Cited by1 opinion
- Commonwealth v. RileyMontgomery County Court of Quarter Sessions · 1953