Harman v. Commonwealth
Supreme Court of Pennsylvania
IN ERROR. On a writ of error to the Court of Oyer and Terminer of Franklin county, it appeared that an indictment was found by the Grand Jury, containing two counts: The first charged, that the defendant <£ feloniously did ravish, and carnally know,” Catherine Coiler, without charging? that the offence was committed forcibly, and against her will.
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IN ERROR. On a writ of error to the Court of Oyer and Terminer of Franklin county, it appeared that an indictment was found by the Grand Jury, containing two counts: The first charged, that the defendant <£ feloniously did ravish, and carnally know,” Catherine Coiler, without charging? that the offence was committed forcibly, and against her will. The second count, charged him with having committed an assault and battery upon the said Catherine Coiler, with an intent to ravish and carnally know her. The caption of the indictment, was “ Over and Terminer, September term, 1822,” but it was…
1Opinion of the Court
The opinion of the court was delivered by
TiughmAN, C. J. The plaintiff in error, (the defendant below,) was convicted and sentenced for a rape, in a Court of Oyer and Terminer, for the county of Franklin. Three errors were assigned, the first of which was abandoned. The second is, that the of-fence is not charged, in the indictment, to have been committed, forcibly and against the will of the woman. The expressions are, “ that he feloniously did ravish, and carnally know her.” I am of opinion, that this is sufficient. The word ravish implies force and violence in the man^ and want of consent…
2Cited by19 opinions
- Commonwealth v. WilliamsSupreme Court of Pennsylvania · 1985
- Commonwealth v. GatlingSupreme Court of Pennsylvania · 2002
- Commonwealth v. WadeSuperior Court of Pennsylvania · 2011
- Rookey v. StateSupreme Court of Connecticut · 1897
- Morrow v. Pa. Bd. of Prob. & ParoleCommonwealth Court of Pennsylvania · 1988
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