Legal Opinion

Commonwealth v. Feist

Superior Court of Pennsylvania

Decided April 23, 1912No. Appeal, No. 26PublishedCited by 7 opinions

Appeal, No. 26, March T., 1912, by plaintiff, from judgment of O. & T. Dauphin Co., Sept. Term, 1911, No. 116, on verdict of guilty in case of Commonwealth v. Jacob G. Feist. Indictment for statutory rape.

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Appeal, No. 26, March T., 1912, by plaintiff, from judgment of O. & T. Dauphin Co., Sept. Term, 1911, No. 116, on verdict of guilty in case of Commonwealth v. Jacob G. Feist. Indictment for statutory rape. Before Gillan, J. The defendant presented, inter alia, the following points: 1. If the jury believe that the woman alleged to have been forcibly raped made no outcry, where it was possible to have been heard, this is a circumstance which would justify an inference that her testimony is false. Answer: That point I refuse. I have said as much to you before, that that is not the law as I…

1Opinion of the Court

Opinion by

Head, J.,

The defendant was convicted of the felony, commonly known as statutory rape, defined and punished by the Act of May 19, 1887, P. L. 128. The verdict has established that the evidence offered by the commonwealth was accepted by the jury as credible and convincing and there can be no doubt that it was legally sufficient to support the judgment. Do the several assignments exhibit any reversible error committed in the course of the trial?

The first assignment complains of the refusal of the learned trial judge to affirm defendant’s first point for charge. It was as follows: “If…

2Cases cited3 opinions

  1. Commonwealth v. NazarkoSupreme Court of Pennsylvania · 1909
  2. People v. EmersonNew York Supreme Court · 1888
  3. Commonwealth v. WeibleSuperior Court of Pennsylvania · 1911

3Cited by7 opinions

  1. Commonwealth v. HopkinsSuperior Court of Pennsylvania · 1949
  2. State v. NoelNorth Dakota Supreme Court · 1936
  3. Commonwealth v. BradfordSuperior Court of Pennsylvania · 1964
  4. Commonwealth v. MoodySuperior Court of Pennsylvania · 1922
  5. Commonwealth v. JacksonDauphin County Court of Oyer and Terminer · 1952

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