Commonwealth v. Kester
Superior Court of Pennsylvania
Appeal, No. 173, Oct. T., 1914, by defendant, from judgment of 0. & T. Lehigh Co., April T., 1914, No. 51, on verdict of guilty in case of Commonwealth v. Leeport Hester. Indictment for statutory rape and bastardy. Before Groman, P. J. At the trial the prisoner set up as a defense that the prosecutrix was not of good repute, and offered several witnesses to prove specific acts of misconduct.
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Appeal, No. 173, Oct. T., 1914, by defendant, from judgment of 0. & T. Lehigh Co., April T., 1914, No. 51, on verdict of guilty in case of Commonwealth v. Leeport Hester. Indictment for statutory rape and bastardy. Before Groman, P. J. At the trial the prisoner set up as a defense that the prosecutrix was not of good repute, and offered several witnesses to prove specific acts of misconduct. The court excluded these offers and confined the proof to the general reputation of the prosecutrix. [2-6] The evidence showed that the prosecutrix at the time of the offense was about thirteen years old,…
1Opinion of the Court
Opinion by
Rice, P. J.,
The first six assignments of error raise the question as to the admissibility of evidence of specific acts tending to show the bad character of the prosecutrix. The determination of that question depends on the construction of the words “not of good repute” in the proviso of sec. 1 of the Act of May 19, 1887, P. L. 128. This subject received full and deliberate consideration in Com. v. Howe, 35 Pa. Superior Ct. 554, and we need not go over the ground again. In the later case of Com. v. Emery, 51 Pa. Superior Ct. 55, the true interpretation of the above-quoted words was…
2Cases cited7 opinions
- Commonwealth v. ClearySupreme Court of Pennsylvania · 1890
- Commonwealth v. HoweSuperior Court of Pennsylvania · 1908
- Heine v. CommonwealthSupreme Court of Pennsylvania · 1879
- Hanney v. CommonwealthSupreme Court of Pennsylvania · 1887
- Commonwealth v. SayarsSuperior Court of Pennsylvania · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Commonwealth v. MlinarichSupreme Court of Pennsylvania · 1988
- Commonwealth v. San JuanSuperior Court of Pennsylvania · 1937
- Commonwealth v. StewartSuperior Court of Pennsylvania · 1933
- Commonwealth v. WinkSuperior Court of Pennsylvania · 1951
- Commonwealth v. PerriSuperior Court of Pennsylvania · 1929
6 more not listed; retrieve them via the Exa API.