Commonwealth v. Penrose
Superior Court of Pennsylvania
Appeal, No. 25, April T., 1905, by defendant, from judgment of Q. S. Allegheny Co., Sept. T., 1903, No. 796, on verdict of guilty in case of Commonwealth v. N. Penrose. Indictment for abortion. Before Collieb, P. J. The court charged in part as follows: [This is an important case. It is a high grade of felony, and if a person commits it, there is not any ordinary punishment too great for him. [3] But for that very reason, the evidence ought to be examined with great care.
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Appeal, No. 25, April T., 1905, by defendant, from judgment of Q. S. Allegheny Co., Sept. T., 1903, No. 796, on verdict of guilty in case of Commonwealth v. N. Penrose. Indictment for abortion. Before Collieb, P. J. The court charged in part as follows: [This is an important case. It is a high grade of felony, and if a person commits it, there is not any ordinary punishment too great for him. [3] But for that very reason, the evidence ought to be examined with great care. I will read the act to you — though it has been read to you; it will help you to understand it: “ If any person shall…
1Opinion of the Court
Opinion by
Rice, P. J.,
The defendant was indicted and convicted under the 87th section of the Act of March 31,1860, P. L. 382. The learned trial judge, first read the section to the jury, and in doing so emphasised by repetition its requirement as to intent, and then made the comments which are subject of the first assignment of error. His purpose evidently was to eliminate any question as to the female being quick with child, and to direct and confine the attention of the jury to the essential elements of the specific charge, so far as it was supported by evidence, which the defendant was…
2Cases cited7 opinions
- Commonwealth v. KaiserSupreme Court of Pennsylvania · 1898
- Traviss v. CommonwealthSupreme Court of Pennsylvania · 1884
- State v. PickettSupreme Court of Iowa · 1897
- Commonwealth v. WinkelmanSuperior Court of Pennsylvania · 1900
- Hollingsworth v. DuaneSupreme Court of the United States · 1801
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3Cited by13 opinions
- Commonwealth v. AljoeSupreme Court of Pennsylvania · 1966
- Commonwealth ex rel. Fletcher v. CavellSupreme Court of Pennsylvania · 1959
- Commonwealth v. WassonSuperior Court of Pennsylvania · 1910
- Commonwealth v. WALKERSuperior Court of Pennsylvania · 1955
- Commonwealth v. WalkerSupreme Court of Pennsylvania · 1925
8 more not listed; retrieve them via the Exa API.