Commonwealth v. Peach
Supreme Court of Pennsylvania
Appeal, No. 115, Jan T., 1895, by defendant, from judgment of O. & T. Northumberland Co., Sept. T., 1894, on verdict of guilty. Indictment for rape. At the trial it appeared that the prisoner and Julia Hicks, the prosecutrix, were servants in a family in Sunbmy. The prosecutrix testified that in the absence of the family the prisoner feloniously assaulted her, and that she made all possible outcry.
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Appeal, No. 115, Jan T., 1895, by defendant, from judgment of O. & T. Northumberland Co., Sept. T., 1894, on verdict of guilty. Indictment for rape. At the trial it appeared that the prisoner and Julia Hicks, the prosecutrix, were servants in a family in Sunbmy. The prosecutrix testified that in the absence of the family the prisoner feloniously assaulted her, and that she made all possible outcry. The prisoner did not deny that he had connection with the prosecutrix, but claimed that it was with her consent. The court charged in part as follows : “ [All these matters are to be taken into…
1Opinion of the Court
Per Curiam,
There is no error on this record. The charge of the learned •court below was eminently fair and impartial an d entirely correct. It gave the prisoner the benefit of every consideration to which persons charged with the offense of rape are entitled. The absence of an instruction that the prisoner might have been convicted of fornication if the jury doubted his guilt of the greater charge was not error, because no such instruction was asked for. But the court distinctly charged the jury that if they had a reasonable doubt of the guilt of prisoner of the crime of rape they should…
2Cited by7 opinions
- Commonwealth Ex Rel. Guiramez v. AsheSupreme Court of Pennsylvania · 1928
- Commonwealth v. MoskorisonSuperior Court of Pennsylvania · 1952
- Commonwealth v. FridaySuperior Court of Pennsylvania · 1952
- Commonwealth v. WalkerSuperior Court of Pennsylvania · 1907
- Commonwealth v. MagliarditiSuperior Court of Pennsylvania · 1945
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