Commonwealth v. Walker
Superior Court of Pennsylvania
Appeal, No. 15, April T., 1907, by Frank B. Walker, from judgment of O. & T. Allegheny Co., Dec; T., 1905, No. 69, on verdict of guilty in case of Commonwealth v. Frank B. Walker. Indictment for statutory rape. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 15, April T., 1907, by Frank B. Walker, from judgment of O. & T. Allegheny Co., Dec; T., 1905, No. 69, on verdict of guilty in case of Commonwealth v. Frank B. Walker. Indictment for statutory rape. The facts are stated in the opinion of the Superior Court. The court charged in part as follows : [In order to make, the defendant guilty of rape under this statute, for having connection with this girl with her consent, or without force, you must find that he is either sixteen years of age or over sixteen years of age. We have no evidence on that subject except the appearance of the…
1DissentRice, P. J.
As this case was triable exclusively in the oyer and terminer, it is to be presumed that the defendant was present in court, as the record states, and under the circumstances it is to be reasonably inferred that he was where he could see the jury and the jury could see him. It is apparent from the charge of the court that this was the case, and it is not to be supposed that the trial judge would have submitted the case to the jury in the manner he did unless it was so. Further, when the court told the jury that they might judge of his age from his appearance, no suggestion was made by his…
2Cases cited3 opinions
- Commonwealth v. HollisMassachusetts Supreme Judicial Court · 1898
- Hermann v. StateWisconsin Supreme Court · 1888
- Snodgrass v. BradleySupreme Court of Pennsylvania · 1852