Commonwealth v. Bell
Commonwealth v. Bell
Opinion of the Court
Opinion by
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 continuousness of illicit relations, even subsequent to the act.
There is no merit in the fifth specification of error. It is defective and misleading because it does not show all that was done under the ruling complained of. The prosecutrix was asked if she told her brother and sisters about the offence charged in the indictment at the time of it, or immediately after its commission, and she replied that she did not, but added that she told her sisters about it five or six months afterwards. The court refused to allow her to state what she said to them, because upon her own showing, it was not within the ruling which limited the evidence to what she said at the time or immediately after the offence was committed. No motion was made by defendant’s counsel to strike out her answer or so much of it as was not strictly responsive to the question, nor was any suggestion made by them that it was in any degree prejudicial to their client. In fact such suggestion could not have been made with any show of reason for it. We conclude therefore that there is nothing in the fifth specification which calls for a reversal of the judgment.
The objection to the ruling complained of in the ninth specification of error is that the evidence offered was part of the commonwealth’s case in chief. This being so, the admission of it in rebuttal is not assignable in error: Finlay v. Stewart, 56 Pa. 183, and Brown v. Finney, 67 Pa. 214.
Judgment affirmed.
Reference
- Full Case Name
- Commonwealth v. William Bell
- Cited By
- 57 cases
- Status
- Published
- Syllabus
- Crvminal law—Incestuous fornication—Evidence—Statute of limitations. On the trial of an indictment for incestuous fornication it is competent j for the commonwealth to introduce evidence of prior illicit relations I between the parties although such evidence discloses other indictable offences of like nature which are barred by the statute of limitations. In such a case evidence that the prisoner forbade his daughter to go to church or to have social intercourse with the young people of the neighborhood, is admissible where it appears that the motive of his action was either to have greater freedom for sexual intercourse with her, or to punish her for not yielding to every one of his demands. In either case it was an act in furtherance of his incestuous purpose. The daughter was asked under objection and exception if she had told her brothers and sisters of the offence about the -time of its occurrence. She answered that she did not then but did about four or six months after-wards. Being about to tell what she said the court instructed her not to state it. No motion was made by the prisoner’s counsel to strike out her answer, or so much as was not responsive to the question put to her. Held, the prisoner was not prejudiced, and that judgment on a verdict of guilty would not be reversed. In a criminal case where the evidence offered is part of the commonwealth’s case in chief, the admission of it in rebuttal is not assignable in error.