Commonwealth v. Lewis

Citations

• 140 Pa. 561
• 21 A. 501
• 1891 Pa. LEXIS 872

Syllabus

<p>1. The first count of an indictment charged assault and battery; the second, assault and battery with intent to ravish; and the third charged felonious rape, with an averment of the commission of bastardy. In such case, there was no misjoinder of counts.</p> <p>2. Bastardy, while not necessarily involved in rape, may be involved as a resulting incident of fornication, which is included in that offence. It is therefore not error to aver the commission of bastardy in a count charging the commission of rape,</p> <p>3. The word “ only,” in the act of May 19, 1887, P. L. 128, providing that on an indictment for felonious rape the jury may convict “ of fornication only,” is equivalent to “merely,” and under said provision there may be a conviction of fornication and bastardy.</p>