Legal Opinion

Commonwealth v. Kammerdiner

Supreme Court of Pennsylvania

Decided January 7, 1895No. Appeal, No. 103PublishedCited by 9 opinions

Appeal, No. 103, Oct. T., 1894, by Commonwealth, from order of Q. S. Armstrong Co., Dec. T., 1892, No. 79,.arresting judgment on a verdict of guilty. Indictment for fornication and bastardy and for incestuous fornication and bastardy.

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Appeal, No. 103, Oct. T., 1894, by Commonwealth, from order of Q. S. Armstrong Co., Dec. T., 1892, No. 79,.arresting judgment on a verdict of guilty. Indictment for fornication and bastardy and for incestuous fornication and bastardy. Before Rayburn, P. J. Defendant’s points were as follows: “ 1. It being clearly proven by the defendant and admitted by the commonwealth that the defendant was a married man at the time the offence is charged to have been committed, their verdict must be not guilty.” Refused. “ 2. The indictment charging fornication and bastardy, and the defendant being a…

1Opinion of the Court

Opinion by

Mb. Justice Fell,

This appeal is by the commonwealth from an order of the court of quarter sessions made in arrest of judgment. The defendant was charged in the first count with fornication and bastardy, and in the second with incestuous fornication and bastardy, and was found guilty in manner and form as indicted.

It is difficult to understand upon what view of the law the action of the court in arresting judgment was based. The causes assigned constitute no valid reason for interference by the court, and the reasons stated in the opinion throw little light upon the subject, and are…

2Cases cited1 opinion

  1. Myers v. Borough of South BethlehemSupreme Court of Pennsylvania · 1892

3Cited by9 opinions

  1. Commonwealth v. HellerSuperior Court of Pennsylvania · 1941
  2. Commonwealth v. ThatcherSupreme Court of Pennsylvania · 1950
  3. Commonwealth v. NathanSuperior Court of Pennsylvania · 1928
  4. Commonwealth v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1919
  5. United States v. MarrinDistrict Court, E.D. Pennsylvania · 1908

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