Commonwealth v. Evans
Superior Court of Pennsylvania
Appeal, No. 112, Oct. T., 1910, by defendant, from judgment of Q. S. Lancaster Co., Sept. T., 1909, No. 56, on verdict of guilty in case of Commonwealth v. Evans. Indictment for bastardy. Before Landis, P. J. The opinion of the Superior Court states the case. Verdict of guilty, upon which judgment of sentence was passed. Error assigned was in refusing binding instructions in favor of the defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant was indicted for rape in the court of oyer and terminer of Lancaster county at No. 34, January *175Term, 1909. The indictment contained a single count. At the trial of the case the evidence was not deemed sufficient by the court to justify a conviction of the defendant of the felony but the jury was instructed that he might be convicted of fornication and bastardy if they believed the evidence of the commonwealth, and the defendant was so convicted. On a rule for a new trial and in arrest of judgment the court set aside as much of the verdict as convicted the…
2Cases cited5 opinions
- Dinkey v. CommonwealthSupreme Court of Pennsylvania · 1851
- Commonwealth v. LewisSupreme Court of Pennsylvania · 1891
- Commonwealth v. LloydSupreme Court of Pennsylvania · 1891
- Gorman v. CommonwealthSupreme Court of Pennsylvania · 1889
- Commonwealth v. RuffnerSupreme Court of Pennsylvania · 1857
3Cited by6 opinions
- Commonwealth v. Mc. EvansSuperior Court of Pennsylvania · 1927
- Commonwealth v. BishopSuperior Court of Pennsylvania · 1956
- Commonwealth v. KroekelSuperior Court of Pennsylvania · 1935
- Commonwealth v. McFeatersSuperior Court of Pennsylvania · 1930
- Commonwealth v. SusanekSuperior Court of Pennsylvania · 1926
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