Commonwealth v. Howe

Citations

• 42 Pa. Super. 136
• 1910 Pa. Super. LEXIS 302

Syllabus

<p>Criminal law — Rape—Felonious rape- — Girl under age of consent— Reputation — Charge.</p> <p>1. On the trial of an indictment for felonious rape on a girl under the age of consent, the defendant is entitled to an acquittal if he shows that the girl consented and that she was of bad repute.</p> <p>2. In such a case if the court in its charge dwells at length on the fact that the girl had no consent to give, and passes over or minimizes the evidence as to her bad repute and a conviction results, such conviction will be reversed by the appellate court.</p> <p>3. In such a case it is reversible error for the trial judge to charge that the defendant must prove that the bad repute of the girl existed before his unlawful relation with her.</p> <p>4. Evidence of good character is substantive evidence to be weighed and considered in connection with all the other evidence in the case; and it is to be regarded as a fact like any other tending to establish the defendant's innocence and ought to be so regarded by both court and jury.</p> <p>Practice, C. P. — Trial—Points—Answer to points.</p> <p>5. The trial judge in answering points should read each point and answer it separately in order that the jury may be able to apply the proper proposition to the answer. It is improper to read a number of points consecutively and affirm them altogether after reading the last point.</p>