Commonwealth v. Bell
Supreme Court of Pennsylvania
Appeal No. 286, Oct. T., 1894, by defendant, from judgment of Q. S. Armstrong Co., Dec. T., 1898, No. 41, on verdict of guilty. This was an indictment for incestuous fornication.
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Appeal No. 286, Oct. T., 1894, by defendant, from judgment of Q. S. Armstrong Co., Dec. T., 1898, No. 41, on verdict of guilty. This was an indictment for incestuous fornication. Before Eavburn, P. J. At the trial the prosecution made the following offer : Mr. McCain: The commonwealth offers to prove by this witness: “That she is the daughter of William Bell, the defend•ant, and that as such he had illicit intercourse with her within two years last past, and that on frequent other occasions prior to that time he has had illicit intercourse, and has made improper solicitations, and has had…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
Seven of the nine specifications of error filed in this case really raise but one question and that is whether in a prosecution for incestuous fornication it is competent for the commonwealth to introduce evidence of illicit relations between the parties prior to the commission of the specific offence laid in the indictment. In Wharton on Criminal Evidence, section 35, it is said by the learned author that “ in prosecutions for adultery or for illicit intercourse of any class, evidence is admissible of sexual acts between the parties prior to, or when indicating…
2Cases cited4 opinions
- State v. MarkinsIndiana Supreme Court · 1884
- Finlay v. StewartSupreme Court of Pennsylvania · 1867
- Brown v. FinneySupreme Court of Pennsylvania · 1871
- Respublica v. HeviceSupreme Court of Pennsylvania · 1796
3Cited by50 opinions
- Commonwealth v. LibonatiSupreme Court of Pennsylvania · 1943
- Commonwealth v. DunkleSupreme Court of Pennsylvania · 1992
- Commonwealth v. NiemetzSuperior Court of Pennsylvania · 1980
- Commonwealth v. BouldenSuperior Court of Pennsylvania · 1955
- State v. O'DonnellOregon Supreme Court · 1900
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