Legal Opinion

Commonwealth v. Shepherd

Supreme Court of Pennsylvania

Decided April 4, 1814PublishedCited by 22 opinions

THE defendant was indicted for fornication with one, Sarah Myers, and begetting a bastard child on her body; and upon the trial before Yeates J. in July last, he was convicted. The defendant now moved for a new trial, and his honour reported that the' case was as follows: Sarah Myers the prosecutrix was married in the year 18Q1. She lived with her husbánd two or three years after — -..-•.v-ji iii the marriage, when he went off to JVerv York where he had resided ever since.

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THE defendant was indicted for fornication with one, Sarah Myers, and begetting a bastard child on her body; and upon the trial before Yeates J. in July last, he was convicted. The defendant now moved for a new trial, and his honour reported that the' case was as follows: Sarah Myers the prosecutrix was married in the year 18Q1. She lived with her husbánd two or three years after — -..-•.v-ji iii the marriage, when he went off to JVerv York where he had resided ever since. Her father- James Humphreys took her back to his own house in Kensington, and she had uniform- ' ly dwelt under his roof,…

1Opinion of the Court

Tilghman C. J.

This is a motion for a new trial by William Shepherd, who has been convicted of fornication with Sarah Myers, and begetting a bastard child on her body. The reasons assigned are, that the judge who tried the cause admitted improper evidence, and erred in his *286charge to the jury. Also that the verdict was against the evidence.

Sarah Myers was a married woman. Her husband had left her some years previous to the birth of the bastard child; he lived in New York, and she in Kensington near Philadelphia. The judge charged the jury, that if on consideration of all the evidence, they…

2Cases cited1 opinion

  1. Hecker v. JarretSupreme Court of Pennsylvania · 1811

3Cited by22 opinions

  1. Cairgle v. AMERICAN R. AND SS CORP.Supreme Court of Pennsylvania · 1951
  2. Cairgle v. American Radiator & Standard Sanitary Corp.Supreme Court of Pennsylvania · 1951
  3. State v. Foot YouOregon Supreme Court · 1893
  4. Mink v. StateWisconsin Supreme Court · 1884
  5. Rabeke v. BaerMichigan Supreme Court · 1897

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