Commonwealth v. Donahue

Opinion by

Rhodes, J.,

Appellant’s contention is that the evidence presented at the trial failed to establish the offense charged in the indictment upon which she was tried. She was indicted under section 1 of the Act of July 16, 1917, P. L. 1000, 18 PS §831, as the pathic and not the actor. A police officer was an eyewitness, and testified to the occurrence. He fully described what he saw and found, and the conditions which he observed. He also testified without objection that appellant, when apprehended, admitted what they were doing, stated that this was the first time she had done such a…