Commonwealth v. George
Superior Court of Pennsylvania
Appeal, No. 24, April T., 1900, by defendant, from judgment of O. & T. Allegheny Co., Sept. Sess., 1898, No. 5, on verdict of guilty. Indictment for felonious rape under the Act of May 19,1887, P. L. 128. Before Frazer, J. The facts appear from the opinion of the court below.
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Appeal, No. 24, April T., 1900, by defendant, from judgment of O. & T. Allegheny Co., Sept. Sess., 1898, No. 5, on verdict of guilty. Indictment for felonious rape under the Act of May 19,1887, P. L. 128. Before Frazer, J. The facts appear from the opinion of the court below. The indictment in this case charges the defendant with felonious rape, and is drawn under the act of May 19, 1887. The female upon whom the offense is alleged to have been committed is Irene Hare, who at the time, July 15, 1898, was ten years and two months old. The indictment contains but one count, that charging…
1Opinion of the Court
Opinion by
Obbady, J.,
The indictment in this case contains a single count and is drawn under the Act of May 19, 1887, P. L. 128, in which the defendant is charged with felonious rape of a woman child under the age of sixteen years. The jury was instructed by the learned trial judge that, “ If they were not satisfied beyond a reasonable doubt that the offense had been completed, there should be no conviction of rape, but that if they were satisfied from all the evidence that the .defendant had attempted to have intercourse with the girl, as detailed by her, without completing the offense, he…
2Cases cited1 opinion
- Stevick v. CommonwealthSupreme Court of Pennsylvania · 1875
3Cited by11 opinions
- Commonwealth v. FlahertySuperior Court of Pennsylvania · 1904
- Commonwealth v. OrrisSuperior Court of Pennsylvania · 1939
- Commonwealth v. BobanicSuperior Court of Pennsylvania · 1916
- Com. Ex Rel. Swisher v. Ashe, WardenSuperior Court of Pennsylvania · 1941
- Commonwealth Ex Rel. Cavalucci v. SmithSuperior Court of Pennsylvania · 1944
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