Legal Opinion

Commonwealth v. Exler

Superior Court of Pennsylvania

Decided October 11, 1915No. Appeal, No. 132PublishedCited by 23 opinions

Appeal, No. 132, April T., 1915, by defendant, from judgment of O. & T. Allegheny Co., March Sessions 1914, No. 12, on verdict of guilty in case of Commonwealth v. Edward Exler. Indictment for statutory rape. Before Macearlane, Haymaker, Brown, JJ., and Sloan, J., specially sitting.

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Appeal, No. 132, April T., 1915, by defendant, from judgment of O. & T. Allegheny Co., March Sessions 1914, No. 12, on verdict of guilty in case of Commonwealth v. Edward Exler. Indictment for statutory rape. Before Macearlane, Haymaker, Brown, JJ., and Sloan, J., specially sitting. See Com. v. Exler, 243 Pa. 155. From the record it appeared that the defendant was about twenty-five years old, that his victim was twelve and one-half years old, and that the crime was committed on November 27,1912. The circumstantial evidence as to the crime is summarized in the opinion of the Superior Court. At…

1Opinion of the Court

Opinion by

Kephart, J.,

The defendant was twice tried. His first trial resulted in a conviction of murder in the first degree. This judgment was reversed by the Supreme Court in an opinion by Mr. Justice Stewart, Com. v. Exler, 243 Pa. 155. The second trial (and here appealed) was on the charge of rape under the Act of May 19, 1887, P. L. 128, which reads as follows: “If any person......who being of the age of sixteen years and upwards, shall unlawfully and carnally know and abuse any woman child under the age of sixteen years, with or without her consent, such person shall be adjudged guilty…

2Cases cited7 opinions

  1. Weeks v. United StatesSupreme Court of the United States · 1914
  2. Commonwealth v. ExlerSupreme Court of Pennsylvania · 1914
  3. Commonwealth v. HarmanSupreme Court of Pennsylvania · 1846
  4. Commonwealth v. CrossmireSupreme Court of Pennsylvania · 1893
  5. Hilands v. CommonwealthSupreme Court of Pennsylvania · 1886

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3Cited by23 opinions

  1. Commonwealth v. FaisonSupreme Court of Pennsylvania · 1970
  2. Commonwealth v. Del GiornoSupreme Court of Pennsylvania · 1931
  3. Commonwealth v. McHUGHSuperior Court of Pennsylvania · 1958
  4. Commonwealth v. MoonSuperior Court of Pennsylvania · 1942
  5. Commonwealth v. RhoadsSuperior Court of Pennsylvania · 1973

18 more not listed; retrieve them via the Exa API.

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