Commonwealth v. Feist

Citations

• 50 Pa. Super. 152
• 1912 Pa. Super. LEXIS 22

Syllabus

<p>Criminal law — Rape—Statutory rape — Consent—Outcry—Accomplice —Act of May 19,1887, P. L. 128.</p> <p>1. On the trial of an indictment for statutory rape under the Act of May 19, 1887, P. L. 128, where it appears that the child was considerably under the age of sixteen years, the defendant may be convicted although the girl may have made no outcry or resistance; and the jury may consider the girl’s testimony as to the essential ingredients of the crime charged, although they may believe she did not tell the exact truth in describing the amount of resistance she made.</p> <p>2. In such a case the fact that the girl may have assented does not make her an accomplice and require that her testimony should be received and considered only under the limitations usually incident to evidence delivered by an accomplice.</p> <p>3. On the trial of an indictment for statutory rape where the evidence of the girl and of the defendant are wholly and absolutely irreconcilable the trial judge commits no error in charging that “it is the duty of the jury to carefully analyze and scrutinize the testimony, and if that testimony leaves a reasonable doubt of the guilt of the defendant to acquit him.”</p>