Commonwealth v. Nadolny

Opinion by

Arnold, J.,

Defendant appeals from a conviction of rape committed on the body of his stepdaughter, a child under sixteen. At the trial the Commonwealth made out a case of what is commonly called consensual or statutory rape, by the testimony of the child and the attending physician. The mother of the child, who was also the wife of the defendant, testified, over objection, that the defendant had admitted to her commission of the offense.

The sole question is whether the mother of the child was a competent witness to testify against her husband under our Act of 1887, P. L. 158, § 2…