Commonwealth v. George

Citations

• 12 Pa. Super. 1
• 1899 Pa. Super. LEXIS 195

Syllabus

<p>Criminal law — Indictment for rape — Conviction for attempt.</p> <p>To secure a conviction for an attempt to commit rape, under an indictment containing a single count charging rape under the Act of May 19, 1887, P. L. 128, it is not necessary to add a count charging defendant with assault and battery with intent, etc.</p> <p>Criminal law — Erroneous form of verdict — Correction of record.</p> <p>Where a written paper inconsistent with the verdict was returned by the jury and received by the court and through the mistake of the clerk put. upon record, such paper is immaterial when subsequently it was moulded into proper form by the court in the presence of the jury who acquiesced in the corrections suggested by the court. The court has control of its own record and may correct same at the time.</p>