Commonwealth v. Fitzpatrick
Superior Court of Pennsylvania
Appeal, No. 10, Jan. T., 1896, by defendant, from judgment of O. & T. Susquehanna County, Aug. T., 1895, No. 2, sentencing defendant on indictment for rape. Indictment, first and second counts, rape; third count, assault with intent. On the 25th of March, 1895, the five-year-old daughter of Mr. and Mrs. James McAndrews of Forest City, Susquehanna county, was criminally assaulted by John Fitzpatrick.
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Appeal, No. 10, Jan. T., 1896, by defendant, from judgment of O. & T. Susquehanna County, Aug. T., 1895, No. 2, sentencing defendant on indictment for rape. Indictment, first and second counts, rape; third count, assault with intent. On the 25th of March, 1895, the five-year-old daughter of Mr. and Mrs. James McAndrews of Forest City, Susquehanna county, was criminally assaulted by John Fitzpatrick. The child was examined by physicians and it was found that the private parts had been injured, the hymen ruptured, and for some time thereafter there was a discharge. The child’s drawers were torn…
1Opinion of the Court
Opinion by
Reeder, J.,
The defendant was indicted for committing rape upon a *522child five years old. The mother of the child was upon the stand testifying to the child’s condition after its return to the house. She had been asked:Q. Was there any physical or mental disturbance that you noticed in the condition of the child after you examined her? A. Yes, sir. Q. What were they? A. Why she was all bruised inside. Q. Was there anything else? A. No. Q. Has she recovered now ? A. Well, I do not think so. She seems to be ailing all the time. Q. In what way? What seems to be the matter? A. She has…
2Cases cited2 opinions
- Connell v. O'NeilSupreme Court of Pennsylvania · 1893
- Taylor v. PrestonSupreme Court of Pennsylvania · 1875
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