Graham v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Quarter Sessions of Indiana county. This was a prosecution for adultery, which was commenced June 22d 1864. The jury found a special verdict: that the first act was committed about April 26th 1862; a second shortly after, and a third in June 1862, prior to the 22d day of that month ; the jury also found that the defendant left his home and went into the army of the United States, on the 2d day of September 1862, his-family remaining at his former…
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Error to the Court of Quarter Sessions of Indiana county. This was a prosecution for adultery, which was commenced June 22d 1864. The jury found a special verdict: that the first act was committed about April 26th 1862; a second shortly after, and a third in June 1862, prior to the 22d day of that month ; the jury also found that the defendant left his home and went into the army of the United States, on the 2d day of September 1862, his-family remaining at his former residence; that he returned home on furlough on the 17th of August 1863 ; he returned to the army on the 15th of October 1863,…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The crime of adultery, of which the defendant below was convicted, was laid as having been committed on April 26th 1862. That is found by the special verdict, and a repetition of it in June, but before the 22d. The prosecution was commenced on the 22d of June 1864, and being instituted more than two years after the commission of the offence the plaintiff in error claims that it was barred by the limitation in the 77th section of the Act of 31st March 1860, Purd. 265, and that he was not liable to conviction and sentence. After fixing a…
2Cited by7 opinions
- Dicks v. DicksSupreme Court of Georgia · 1933
- People v. Guariglia, New York County Courts1946
- Commonwealth v. ShimpenoSuperior Court of Pennsylvania · 1946
- Commonwealth v. WeberSuperior Court of Pennsylvania · 1917
- Commonwealth v. WeberSupreme Court of Pennsylvania · 1918
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