Commonwealth v. Arner

Citations

• 149 Pa. 35
• 24 A. 83
• 1892 Pa. LEXIS 1056

Syllabus

<p>Twice in jeopardy—Minor and major offence—Fornication and bastardy, and rape—Act of March 31, 1860.</p> <p>Where a greater offence includes a lesser one, a verdict on an indictment for the minor offence only is a bar to a trial on an indictment for the greater offence. The same principle applies, if the jury are out in the first case when the second is called.</p> <p>This is not a mere technical rule of procedure; it is a substantial one, which is founded in reason, and is in harmony with the constitutional mandate that no person shall be subject to be twice put in jeopardy for the same offence.</p> <p>The defendant having been indicted upon the same facts for fornication and bastardy, and statutory rape, was tried on the former charge; and, before the jury had rendered a verdict, was required to plead to the indictment for rape: Held, that the first trial was a bar ; and that the defendant was within the spirit of the act of March 31,1860.</p>