Burns v. Commonwealth

Citations

• 129 Pa. 138
• 18 A. 756
• 1889 Pa. LEXIS 936

Syllabus

<p>1. The offence provided against by § 94, act of March 31, 1860, P. L. 405, is that known and punished by the common law as kidnapping,* and it extends not only to cases where the intention is to detain the child kidnapped, but to steal any article of apparel or ornament about the person of the child.</p> <p>2. But the section has no application to contests between parents for the possession of their children; and a father, who takes and withholds his child from its mother, who, with or without cause, has abandoned his home, does not thereby become liable to a criminal indictment drawn under-said section, nor do those who aid him therein.</p>