Dinkey v. Commonwealth
Supreme Court of Pennsylvania
Euuor to the Quarter Sessions of Oarhon county. Charles Dinkey, the plaintiff in error, was indicted at June Sessions, 1850, for fornication and bastardy.
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Euuor to the Quarter Sessions of Oarhon county. Charles Dinkey, the plaintiff in error, was indicted at June Sessions, 1850, for fornication and bastardy. The indictment was in the usual form, and charge'd the fornication to have been committed on the 15th day of May, 1849. The bill was duly found; and on the 1st October, 1850, the defendant pleaded a former acquittal under an indictment for seduction of the same female, tried by a jury at the September Sessions, 1850. The Commonwealth demurred to the defendant’s plea as insufficient in point of law, and on the same day the court sustained…
1Opinion of the Court
The opinion of the court was delivered, by
Black, C. J.
The plaintiff in error being indicted for fornication and bastardy, pleaded autrefois acquit, setting forth in his plea an indictment for seduction, together with the record of his trial, and a verdict of not guilty. To this plea the district attorney demurred, and the court gave judgment, quod respondeat ouster, against the defendant, who was afterwards tried on the plea of not guilty, and convicted. The case comes before us on the single question whether the acquittal on the first indictment was a bar to the second.
No man who has been…
2Cases cited1 opinion
- Respublica v. RobertsSupreme Court of Pennsylvania · 1791
3Cited by29 opinions
- Commonwealth v. CampanaSupreme Court of Pennsylvania · 1973
- Commonwealth v. GarciaSupreme Court of Pennsylvania · 1977
- Commonwealth v. ComberSupreme Court of Pennsylvania · 1953
- Commonwealth v. BoernerSuperior Court of Pennsylvania · 1980
- Commonwealth v. SimsSupreme Court of Pennsylvania · 2007
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