Commonwealth v. Arner
Supreme Court of Pennsylvania
Appeal, No. 47, Jan. T., 1892, by defendant, from judgment of court of oyer and terminer, Lehigh Co., June sessions, 1891, No. 31, on verdict of guilty. Rape under the act of May 19, 1887. The main facts appear by the opinion of the Supreme Court. The jury in the court below were first sworn to try the issue on the plea of once in jeopardy.
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Appeal, No. 47, Jan. T., 1892, by defendant, from judgment of court of oyer and terminer, Lehigh Co., June sessions, 1891, No. 31, on verdict of guilty. Rape under the act of May 19, 1887. The main facts appear by the opinion of the Supreme Court. The jury in the court below were first sworn to try the issue on the plea of once in jeopardy. On this trial the court below by Albright, P. J., instructed the jury: [“ The court say to you that said former trial is not a bar to this prosecution, and if you accept that view of the law you will find on this issue in favor of the commonwealth.”] [1]…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
Two indictments were preferred against the appellant for one act of unlawful carnal intercourse, committed on June 8, 1890, with Elsie L. Weller, who was then under the age of sixteen years. In one he was charged with fornication and bastardy, and in the other with rape, as defined by the act of May 19, 1887, P. L. 128. On June 1, 1891, he was tried on the indictment for fornication and bastard}*-, and the case was submitted to the jury, but, before-a verdict was returned in it, he was required to plead to the indictment for rape. " To this he replied, “ not…
2Cases cited3 opinions
- Hunter v. CommonwealthSupreme Court of Pennsylvania · 1875
- Dinkey v. CommonwealthSupreme Court of Pennsylvania · 1851
- Heikes v. CommonwealthSupreme Court of Pennsylvania · 1856
3Cited by21 opinions
- Commonwealth v. ComberSupreme Court of Pennsylvania · 1953
- Commonwealth v. MoonSuperior Court of Pennsylvania · 1942
- Commonwealth Ex Rel. Papy v. MaroneySupreme Court of Pennsylvania · 1965
- State v. PriceSupreme Court of Iowa · 1905
- In re BrownSupreme Court of Kansas · 1934
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