Commonwealth v. Barr
Superior Court of Pennsylvania
Appeal, No. 139, April T., 1904, by plaintiff, from of Q. S. Clarion Co., Feb. T., 1904, No. 6, quashing indictment in case of Commonwealth v. William Barr. Indictment for rape and fornication. The facts appear by the opinion of the Superior Court. Error assigned was the order of the court quashing the indictment.
1Opinion of the Court
Opinion by
Orlady, J.,
The information in this case was made upon oath of A. L. Boyer and charged that the defendant did entice Margaret E. Boyer, the wife of affiant, from her home, and lived openly and notoriously with her in fornication and adultery for and during a period of nine months, between September, 1902, and July, 1903; and that during said time the said Margaret E. Boyer was a weak minded woman and not capable of giving her consent to sexual intercourse.
An indictment was presented to the grand jury in which the defendant was charged in the first count with felonious rape and in the…
2Cases cited3 opinions
- Cornelius v. HambaySupreme Court of Pennsylvania · 1892
- Garwood v. DennisSupreme Court of Pennsylvania · 1811
- Commonwealth v. FitzpatrickSuperior Court of Pennsylvania · 1901
3Cited by12 opinions
- Commonwealth v. HamiltonSuperior Court of Pennsylvania · 1920
- Commonwealth v. J. and M. CartuscielloSuperior Court of Pennsylvania · 1930
- Commonwealth v. SmithJefferson County Court of Quarter Sessions · 1949
- Commonwealth Ex Rel. Platt v. PlattSuperior Court of Pennsylvania · 1979
- Commonwealth Ex Rel. Platt v. PlattSuperior Court of Pennsylvania · 1979
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