Nicholson v. Commonwealth
Supreme Court of Pennsylvania
' Error to the Court of Quarter Sessions of Venango county: Of October and November Term 1879, No. 306. Indictment of William A. Nicholson for the seduction of Hessie Thorn. The defendant was indicted for seduction under the provisions of the Act of .March 31st 1860, sect. 41, Pamph. L. 385, and also for fornication and bastardy under the provisions of the 37 th section of said act.
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' Error to the Court of Quarter Sessions of Venango county: Of October and November Term 1879, No. 306. Indictment of William A. Nicholson for the seduction of Hessie Thorn. The defendant was indicted for seduction under the provisions of the Act of .March 31st 1860, sect. 41, Pamph. L. 385, and also for fornication and bastardy under the provisions of the 37 th section of said act. The* defendant moved to quash the count for fornication and bastardy for the following reasons: “ That no information had theretofore been made charging the defendant with fornication and bastardy; nor was said…
1Opinion of the Court
The judgment of the Supreme Court was entered November 10th 1879,
2Per curiam
There was nothing in adding the counts for fornication and bastardy to the count for seduction. They are offences of the same nature. If the Commonwealth had fáiled to prove the promise of marriage, the defendant might have been convicted on the other counts. A party indicted for seduction may plead such acquittal in bar of a subsequent indictment for fornication and bastardy founded on the same act: Dinkey v. Commonwealth, supra. The third, fourth and fifth errors are not assigned secundum regulas. and there were no exceptions…
3Cited by8 opinions
- State v. DaleyOregon Supreme Court · 1909
- Maginnis's CaseSupreme Court of Pennsylvania · 1921
- Commonwealth v. RuffSuperior Court of Pennsylvania · 1927
- Commonwealth Ex Rel. Tanner v. AsheSupreme Court of Pennsylvania · 1950
- Commonwealth v. Howard C. LongSuperior Court of Pennsylvania · 1930
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