Commonwealth v. Kline
Superior Court of Pennsylvania
Appeal, No. 317, Oct. T., 1916, by defendant, from judgment of Q. S. Lancaster Co., Jan. T., 1916, No.-24, on verdict of guilty in case of Commonwealth v. D. Frank Kline, M.D. Indictment for abortion. Before Hassler, J. At the trial the court admitted under objection and exception the following statement: “My name is Pearl Spence. I live 9 Second Street.
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Appeal, No. 317, Oct. T., 1916, by defendant, from judgment of Q. S. Lancaster Co., Jan. T., 1916, No.-24, on verdict of guilty in case of Commonwealth v. D. Frank Kline, M.D. Indictment for abortion. Before Hassler, J. At the trial the court admitted under objection and exception the following statement: “My name is Pearl Spence. I live 9 Second Street. (Dr. Atlee informs her that she is not going to get well.) Friday November 12, 1915, I went to Dr. Kline’s office, corner of Mulberry and Orange Streets. I went there to get rid of a child. He passed an instrument into me and screwed it open,…
1Opinion of the Court
Opinion by
Henderson, J.,
The argument in behalf of the appellant covers the subjects of complaint set forth in four assignments of error. The first relates to the admission of an ante mortem statement made by the young woman on whom as charged in the first count of the indictment the abortion was committed. The learned trial judge considered the statement competent evidence but submitted to the jury the question whether it was made in the belief of impending death. That it was admissible under the Act of June 26, 1895, P. L. 387, we have no doubt. It was made the same day and a short time…
2Cases cited3 opinions
- Henwood & Arney v. CommonwealthSupreme Court of Pennsylvania · 1866
- Commonwealth v. De LeoSupreme Court of Pennsylvania · 1914
- Guckavan v. Lehigh Traction Co.Supreme Court of Pennsylvania · 1902
3Cited by5 opinions
- Commonwealth v. SmithSuperior Court of Pennsylvania · 1958
- Commonwealth v. SierakowskiSuperior Court of Pennsylvania · 1943
- Commonwealth v. SteinSuperior Court of Pennsylvania · 1931
- Commonwealth v. ShearerSuperior Court of Pennsylvania · 1923
- Commonwealth v. JacksonDauphin County Court of Oyer and Terminer · 1952