Legal Opinion

Commonwealth v. Winkelman

Superior Court of Pennsylvania

Decided February 16, 1900No. Appeal, No. 130PublishedCited by 23 opinions

Appeal, No. 130, Oct. T., 1899, by defendant, from sentence of Q. S. Northampton Co., Feb. Sess., 1899, No. 37, on verdict of guilty. Indictment for abortion.

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Appeal, No. 130, Oct. T., 1899, by defendant, from sentence of Q. S. Northampton Co., Feb. Sess., 1899, No. 37, on verdict of guilty. Indictment for abortion. Before Scott, J. At the trial the commonwealth made an offer of evidence, which offer and ruling thereon was as follows: [Commonwealth proposes to prove the ante-mortem declarations of Jennie Hunter made to the witness upon the stand as dying declarations made within the last week of her life and after a declaration made by the deceased that she knew she was going to die from that sickness. Objected to, because dying declarations are…

1Opinion of the Court

Opinion by

Kick, P. J.,

Whether or not Jennie Hunter was “pregnant or quick with child,” and an instrument was used to procure her miscarriage in consequence of which she died were questions of fact, which, no matter how strong the evidence of the commonwealth may have been, it was the duty of the court to submit to the jury. We do not see how an intelligent and unbiased jury could have come to any other conclusion from the evidence than that these facts were proved; nevertheless the questions were for them. As the defendant’s counsel correctly say, convincing proof that the wound revealed upon…

2Cases cited29 opinions

  1. Ayars v. WestfieldSupreme Court of Pennsylvania · 1889
  2. Commonwealth v. KaiserSupreme Court of Pennsylvania · 1898
  3. Commonwealth v. Van HornSupreme Court of Pennsylvania · 1898
  4. Commonwealth v. BishopMassachusetts Supreme Judicial Court · 1896
  5. Kilpatrick v. CommonwealthSupreme Court of Pennsylvania · 1858

24 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Rich Hill Coal Company v. BashoreSupreme Court of Pennsylvania · 1939
  2. Commonwealth v. MellonSuperior Court of Pennsylvania · 1923
  3. Commonwealth v. KnableSupreme Court of Pennsylvania · 1952
  4. Commonwealth v. HolgateSuperior Court of Pennsylvania · 1916
  5. Commonwealth v. PuntarioSupreme Court of Pennsylvania · 1922

18 more not listed; retrieve them via the Exa API.

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