Legal Opinion

Commonwealth v. Gamble

Superior Court of Pennsylvania

Decided April 20, 1908No. Appeal, No. 96PublishedCited by 6 opinions

Appeal, No. 96, Oct. T., 1907, by-defendant, from judgment of Q. S. Bedford Co., April T., 1907, No. 6, on verdict of guilty in case of Commonwealth v. Robert E. Gamble. Before Rice, P. J., Porter, Henderson, Morrison, Orlady and Head, Jj. Reversed. Indictment for adultery. Before Woods, P. J. Verdict of guilty, direction of the court upon which judgment of sentence was passed. Defendant appealed. Error assigned was in directing the jury to convict.

1Opinion of the Court

Opinion by

Rice, P. J.,

All of the questions that need be discussed on this appeal are raised by the fourth, fifth and sixth assignments of error.

The defendant, when testifying in his own behalf, admitted the alleged sexual intercourse between himself and Etta Crissman, but denied that it was adulterous, as alleged in the indictment, and testified that prior thereto they were united in marriage on November 14, 1906, at Baltimore, Maryland, by a minister, whose certificate he produced and put in evidence. Therefore, as the case stood when the introduction of evidence was stopped, and the remark,…

2Cases cited5 opinions

  1. Yardley's EstateSupreme Court of Pennsylvania · 1874
  2. Hunt's AppealSupreme Court of Pennsylvania · 1878
  3. Estate of GrimmSupreme Court of Pennsylvania · 1890
  4. Appeal of the Reading Fire Insurance & Trust Co.Supreme Court of Pennsylvania · 1886
  5. Commonwealth v. HaylowSuperior Court of Pennsylvania · 1901

3Cited by6 opinions

  1. McDevitt's EstateSupreme Court of Pennsylvania · 1924
  2. Commonwealth v. HavrillaSuperior Court of Pennsylvania · 1909
  3. Fitzpatrick v. MillerSuperior Court of Pennsylvania · 1937
  4. Commonwealth v. McDermottSuperior Court of Pennsylvania · 1921
  5. Commonwealth v. BockesSuperior Court of Pennsylvania · 1931

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