Commonwealth v. Shearer

Dissenting Opinion by

Keller, J.:

Until 1895 the dying declaration of a woman upon whom a criminal abortion had been committed was not admissible in evidence in a prosecution for such crime. The Act of June 26, 1895, P. L. 387, changed this; but expressly provided “that no conviction shall be had upon the uncorroborated declaration of such woman." To my mind this means just what it says — that the Commonwealth cannot convict a defendant charged with such crime by offering in evidence such dying declaration only and then resting; it must be corroborated. Just how, or to what extent, it must be…