Commonwealth v. Logan
Commonwealth v. Logan
Opinion of the Court
Opinion by
The defendant denied the commission of the offense charged in the indictment, and in support of this denial offered evidence tending to establish an alibi by showing that he was not in Philadelphia at the time when the prosecuting witness said the offense was committed, but in an adjoining county, and that his general reputation for chastity was good. To obviate the necessity of calling additional witnesses ip attendance at court, on the latter subject, the district attorney admitted in open court that the defendant had always borne a good reputation in the community for chastity and morality. In the charge, the learned trial judge said: “You are not to be concerned with the morals of either the defendant or the prosecutrix. In your eyes they stand equal. Testimony has been given as to the morals of both of them. .Remember, gentlemen, that before you both the defendant and the prosecutrix stand equal as to morals. It is not a question of their morals.” At the close of the charge, the counsel for the defendant asked for instructions on the subject of reputation, whereupon the court said: “I have stated, gentlemen of the jury, that the character testimony as to morality on either side is equal. They both stand before you equally as to reputation, and of course that is substantial. You must take that into consideration. Remember that the reputation of the prosecutrix is equal for morality to that of the defendant, so far as the testimony that came from the stand is concerned.” Exception is taken to the charge in the first three assignments of error. They raise the question whether the instruction was correct, and whether the charge was adequate on the subject of reputation. An accusation of the character of that preferred against the appellant is one not easily defended against.
For the reasons stated, the judgment is reversed and the record remitted with a new venire.
Reference
- Full Case Name
- Commonwealth v. Patrick J. Logan
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Criminal law — Fornication and bastardy — Reputation of defendant — Charge of court. On the trial of an indictment for fornication and bastardy, it is error for the court to charge, on the question of reputation for chastity, that the character testimony as to the morality of the prosecutrix and defendant is equal. In prosecutions for fornication and bastardy evidence of good reputation is of special importance, if not 'to establish the innocence of the defendant, at least to create a reasonable doubt in the minds of the jury as to the commission of the offense. When requested the court should instruct the jury as to the purpose and effect of such testimony. Instructions that the prosecutrix and the defendant stand on an equality is not meeting this duty, as the reputation of the prosecutrix is not involved, and a failure to instruct the jury fully and adequately on this question constitutes reversible error.