Gorman v. Commonwealth
Supreme Court of Pennsylvania
ERROR TO THE COURT OF QUARTER SESSIONS OF SCHUYLKILL COUNTY. No. 153 January Term 1889, Sup. Ct.; court below, No. September Term 1888, Q. S. On September 8, 1888, tbe grand jury returned as a true bill an indictment charging: In the first count, that Thomas Gorman, on, etc., at, etc., “ with force and arms, etc., did commit fornication with a certain Ellen Colihan, and a female bastard child on the body of her, the said Ellen Colilian, then and there did beget, contrary,”…
Read the full summary
ERROR TO THE COURT OF QUARTER SESSIONS OF SCHUYLKILL COUNTY. No. 153 January Term 1889, Sup. Ct.; court below, No. September Term 1888, Q. S. On September 8, 1888, tbe grand jury returned as a true bill an indictment charging: In the first count, that Thomas Gorman, on, etc., at, etc., “ with force and arms, etc., did commit fornication with a certain Ellen Colihan, and a female bastard child on the body of her, the said Ellen Colilian, then and there did beget, contrary,” etc. In the second count, that the said Thomas Gorman, afterward, to wit, on, etc., at, etc., “ did commit the crime of…
1Opinion of the Court
*542Opinion,
Me. Justice Claek :
The indictment in this case contained two counts; one for fornication and bastardy, the other for adultery. During the trial the defendant called upon the commonwealth to elect upon which count a conviction was claimed, whereupon the commonwealth, not challenging the defendant’s right to make such a demand, moved the court to strike out the charge of fornication in the first count, and to amend the second count so as to include the charge of bastardy, which was done accordingly. The effect of this was to charge the defendant with adultery and bastardy, both of which…
2Cases cited2 opinions
- Dinkey v. CommonwealthSupreme Court of Pennsylvania · 1851
- Rough v. CommonwealthSupreme Court of Pennsylvania · 1875
3Cited by12 opinions
- Commonwealth v. ComberSupreme Court of Pennsylvania · 1953
- Commonwealth v. LewisSupreme Court of Pennsylvania · 1891
- Commonwealth v. BargeSuperior Court of Pennsylvania · 1899
- Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1912
- Commonwealth v. LoseySuperior Court of Pennsylvania · 1922
7 more not listed; retrieve them via the Exa API.