Commonwealth v. Howe
Superior Court of Pennsylvania
Appeal, No. 44, Jan. T., 1908, by defendant, from judgment of 0. & T. Lackawanna Co., Oct. T., 1907, No. 19, on verdict of guilty in case of Commonwealth v. Carl Howe.
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Appeal, No. 44, Jan. T., 1908, by defendant, from judgment of 0. & T. Lackawanna Co., Oct. T., 1907, No. 19, on verdict of guilty in case of Commonwealth v. Carl Howe. Indictment for. an offense against the act of May 19, 1887. At the trial counsel for the commonwealth made the following offer: Mr. Balentine: I propose to show by the witness at this time that her clothing indicated that she had had sexual connection with this defendant or somebody had, to be followed by evidence that she had it with the defendant. Mr. Lewis: We object to that. The Court: The objection is overruled. Exception…
1Opinion of the Court
Opinion by
Henderson, J.,
Without discussing the numerous assignments of error seriatim, we shall consider those deemed material to the determination of the case. The first relates to the refusal of the court to strike out a part of the testimony of George W. Patterson as set forth in the assignment. The question propounded to the witness was perhaps not objectionable, but the answer thereto was not legally responsive and not competent. It not only stated an opinion or conclusion of the witness as to the condition of his daughter’s clothing, but included a statement as to what she had said. If…
2Cases cited15 opinions
- People v. MatherNew York Supreme Court · 1830
- Heine v. CommonwealthSupreme Court of Pennsylvania · 1879
- Commonwealth v. EckerdSupreme Court of Pennsylvania · 1896
- Ross v. MorrowTexas Supreme Court · 1892
- Commonwealth v. AllenSupreme Court of Pennsylvania · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Firing v. KephartSupreme Court of Pennsylvania · 1976
- State v. BrownSupreme Court of Missouri · 1969
- People v. AndersonAppellate Court of Illinois · 1982
- United States v. TuckerDistrict of Columbia Court of Appeals · 1979
- Commonwealth v. MlinarichSupreme Court of Pennsylvania · 1988
37 more not listed; retrieve them via the Exa API.