Legal Opinion

Commonwealth v. Allabaugh

Superior Court of Pennsylvania

Decided March 8, 1948No. Appeal, 41PublishedCited by 30 opinions

1Opinion of the Court

Opinion by

Dithrich, J.,

Defendant was found guilty of having committed the crime of sodomy in that he had carnal knowledge of a female person, aged five years, by the anus.

The chief burden of his appeal is that his conviction on the uncorroborated testimony of the child, who did not know and could not comprehend or appreciate the meaning of an oath and who made no complaint to either of her parents, should not be permitted to stand.

That the uncorroborated testimony of the victim alone is sufficient to sustain a conviction of sodomy is well established by a long line of cases. Commonwealth v.…

2Cases cited11 opinions

  1. Commonwealth v. DingmanSuperior Court of Pennsylvania · 1904
  2. Commonwealth v. SloatSupreme Court of Pennsylvania · 1929
  3. Commonwealth v. AstonSupreme Court of Pennsylvania · 1910
  4. Piepke v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1913
  5. Commonwealth v. CyausSuperior Court of Pennsylvania · 1926

6 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Rosche v. McCoySupreme Court of Pennsylvania · 1959
  2. Commonwealth v. LaneSupreme Court of Pennsylvania · 1989
  3. Commonwealth v. McKinleySuperior Court of Pennsylvania · 1956
  4. Commonwealth v. MangelloSuperior Court of Pennsylvania · 1977
  5. Commonwealth v. HallSuperior Court of Pennsylvania · 1979

25 more not listed; retrieve them via the Exa API.

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