Commonwealth v. Howe
Superior Court of Pennsylvania
Appeal, No. 14, March T., 1910, by defendant, from judgment of Q. S. Lackawanna Co., Oct. T., 1907, No. 19, on verdict of guilty in case of Commonwealth v. Carl Howe. Indictment for rape. Before Newcomb, J. The facts appear by the opinion of the Superior Court, and by the previous reports in 35 Pa. Superior Ct. 554, and 38 Pa.
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Appeal, No. 14, March T., 1910, by defendant, from judgment of Q. S. Lackawanna Co., Oct. T., 1907, No. 19, on verdict of guilty in case of Commonwealth v. Carl Howe. Indictment for rape. Before Newcomb, J. The facts appear by the opinion of the Superior Court, and by the previous reports in 35 Pa. Superior Ct. 554, and 38 Pa. Superior Ct. 208. The court charged in part as follows: ■ [It may be that the girl was enamored of the defendant; it may be she was fond of him and willing to practice deception on her father for the sake of meeting the defendant. Be that as it may, if he took advantage…
1Opinion of the Court
Opinion by
Henderson, J.,
The second count of the indictment on which the appellant was tried was drawn under the Act of May 19,1887, P. L. 128. It was conceded by the commonwealth that a conviction could not be had under the other counts, and the court instructed the jury to that effect. The defendant denied that he had had illicit relations with the prosecuting witness and also offered evidence to show that she was not of good repute at the time the offense was charged to have been committed. That the intercourse shown by the commonwealth was with the consent of the girl appeared from her own…
2Cases cited5 opinions
- Commonwealth v. ClearySupreme Court of Pennsylvania · 1890
- Everhart v. SearleSupreme Court of Pennsylvania · 1872
- Heine v. CommonwealthSupreme Court of Pennsylvania · 1879
- Commonwealth v. CateSupreme Court of Pennsylvania · 1908
- Hanney v. CommonwealthSupreme Court of Pennsylvania · 1887
3Cited by8 opinions
- Commonwealth v. GiovanettiSupreme Court of Pennsylvania · 1941
- Commonwealth v. CastellanaSupreme Court of Pennsylvania · 1923
- Commonwealth v. SuttonSuperior Court of Pennsylvania · 1952
- Commonwealth v. DattalaSuperior Court of Pennsylvania · 1921
- Commonwealth v. PerrySuperior Court of Pennsylvania · 1962
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