Commonwealth v. Allen

Citations

• 135 Pa. 483
• 19 A. 957
• 1890 Pa. LEXIS 1209

Syllabus

<p>1. A motion for a change of the venue in a criminal ease, under the act of March 18, 1875, P. L. 30, is addressed to the sound discretion of the trial court, and, when no abuse of discretion appears, a refusal to grant such an application will not ho reviewed and reversed by the Supreme Court.</p> <p>(a) The act of May 19, 1887, P. L. 128, provides that the carnal knowledge of a woman child under sixteen, by a person over that age, with' or without her consent, shall be adjudged felonious rape, but that a defendant charged with the offence shall be convicted of fornication only, if the jury find that such child was not of good repute and consented to the carnal knowledge :</p> <p>2. It is not. necessary for the commonwealth, under this act, to show affirmatively the good repute of the child, with the carnal knowledge and abuse of whom the defendant is charged: the law presumes her reputation to be good until it is attaeked, and if it is bad, that is a matter of defence, to be shown by the defendant.</p> <p>3. Under said aet, a defendant, proved to have been an adult, may bo convicted of the felonious carnal knowledge of a female infant, with her consent, upon an indictment averring that he was “ a married man,” although the rape is charged to have been forcible and against the will of the female and the defendant’s ago is not averred.</p> <p>4. Upon the trial of a defendant charged with such an offence, the commonwealth may show the result of a medical examination of the female, in corroboration of her testimony, although the examination was not made until more than a year after the date of'the alleged offence, the' effect of this delay upon the force of the evidence being for the jury.</p> <p>5. An offer to prove by the defendant that, as soon as he heard that he had been charged with the offence, he took the girl, then living in his. house, to a physician to have her examined, but that “ the prosecution ”' refused to permit the examination, and he requested “ t