Commonwealth v. Parker
Allegheny County Court of Oyer and Terminer
No. 42 October Term 1891, Sup. Ct.; court below, No. 15 September Term 1890, O. and T. On October 14, 1890, the grand jury having returned as a true bill an indictment charging Charles Parker with the offence of rape committed upon the person of Emma Whitney, the defendant, waiving formal arraignment, pleaded not guilty. The cause being called for trial, the jury returned a verdict that they found the defendant not guilty of the felony charged, but guilty of fornication.
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No. 42 October Term 1891, Sup. Ct.; court below, No. 15 September Term 1890, O. and T. On October 14, 1890, the grand jury having returned as a true bill an indictment charging Charles Parker with the offence of rape committed upon the person of Emma Whitney, the defendant, waiving formal arraignment, pleaded not guilty. The cause being called for trial, the jury returned a verdict that they found the defendant not guilty of the felony charged, but guilty of fornication. On October 16th, the defendant’s counsel moved the court in arrest of judgment, assigning the following reasons: “ 1. There…
1Opinion of the Court
Pee Cubiam :
The defendant was charged with rape. The jury acquitted him of the rape, but convicted him of fornication. We have held in a recent case, Commonwealth v. Lewis, 140 Pa. 561, that rape, and fornication and bastardy may be joined in an indictment, and that fornication is an incident of rape. The appellant contends that he cannot be convicted “ of an incident to a fact, and at the same time acquitted of the fact.” But the law is well settled that a man may be acquitted of an offence charged, and yet be convicted of a constituent offence involved within it. This principle does not…
2Cases cited1 opinion
- Commonwealth v. LewisSupreme Court of Pennsylvania · 1891
3Cited by21 opinions
- Commonwealth v. GarciaSupreme Court of Pennsylvania · 1977
- Commonwealth v. ComberSupreme Court of Pennsylvania · 1953
- Commonwealth v. SimsSupreme Court of Pennsylvania · 2007
- Commonwealth v. MoonSuperior Court of Pennsylvania · 1942
- Commonwealth v. JonesSupreme Court of Pennsylvania · 1939
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