Legal Opinion

Commonwealth v. Lewis

Supreme Court of Pennsylvania

Decided March 9, 1891No. 194PublishedCited by 27 opinions

APPEAL BY DEFENDANT FROM THE COURT OF OYER AND TERMINER OF SCHUYLKILL COUNTY. No. 194 July Term 1890, Sup. Ct.; court below, No. 284 March Term 1890, O. & T. On May 7, 1890, the grand jury returned as a true bill an indictment against Morgan Lewis in three counts. The first count charged an assault and battery, and the second an assault and battery with intent to ravish, upon the person of Lizzie Kimmel.

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APPEAL BY DEFENDANT FROM THE COURT OF OYER AND TERMINER OF SCHUYLKILL COUNTY. No. 194 July Term 1890, Sup. Ct.; court below, No. 284 March Term 1890, O. & T. On May 7, 1890, the grand jury returned as a true bill an indictment against Morgan Lewis in three counts. The first count charged an assault and battery, and the second an assault and battery with intent to ravish, upon the person of Lizzie Kimmel. The third count charged that the defendant, “ then and there being of the age of sixteen years and upwards, in and upon the said Lizzie Kimmel, then and there being a woman child under the…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson:

The defendant was convicted of fornication and bastardy upon an indictment containing three counts. In the first, he was charged with assault and battery; in the second, with an assault with intent to ravish; and in the third, with statutory rape and with bastardy, the material portion of said count being that the said defendant, “ then and there being of the age of sixteen years and upwards, in and upon the said Lizzie Kimmel, then and there being a woman child under the age of sixteen years, and then and there in the peace of God and of the said *564commonwealth…

2Cases cited3 opinions

  1. Hunter v. CommonwealthSupreme Court of Pennsylvania · 1875
  2. Henwood & Arney v. CommonwealthSupreme Court of Pennsylvania · 1866
  3. Gorman v. CommonwealthSupreme Court of Pennsylvania · 1889

3Cited by27 opinions

  1. Commonwealth v. GarciaSupreme Court of Pennsylvania · 1977
  2. Commonwealth v. ComberSupreme Court of Pennsylvania · 1953
  3. Commonwealth v. ParkerAllegheny County Court of Oyer and Terminer · 1892
  4. Commonwealth v. SuttonSuperior Court of Pennsylvania · 1952
  5. Commonwealth v. McCordSuperior Court of Pennsylvania · 1997

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