Commonwealth v. Weber

Citations

• 67 Pa. Super. 497
• 1917 Pa. Super. LEXIS 442

Syllabus

<p>Criminal law — Information—Indictment—Grand jury.</p> <p>While a person arrested for crime can he held before a justice of the peace only for the offense charged in the information and warrant, the grand jury may indict him for any offense warranted by the evidence before it.</p> <p>Criminal law — Seduction—Evidence—Promise of marriage.</p> <p>A conviction for the crime of seduction will be sustained, where it appears that the defendant engaged himself to a girl of good repute under twenty-one years of age, gave her an engagement ring, and under the promise of marriage had intercourse with her, resulting in the birth of a child.</p> <p>Criminal law — Seduction—Statute of limitations — Act of March SI, 1860, Sec. 77, P. L. 450 — “Usual resident” — Words and phrases.</p> <p>Where a person has been indicted in 1916 for the crime of seduction committed in 1910, and he pleads the statute of limitations, and the Commonwealth claims that he was not an “usual resident within the State,” within the meaning of Section 77 of the Act of March 31, 1860, P. L. 450, the trial court commits no error in leaving to the jury whether the defendant was an “usual resident,” where the evidence shows that the officers of justice had diligently attempted to find him, and that he succeeded in avoiding arrest by denials of his identity, frequent changes of boarding place, and receiving his mail-at the general delivery.</p> <p>The words “usual resident” do not refer to defendant’s place of residence, but to his' manner .of residence. “Usual,” when used in this sense, means “customary” or “common”: To be an “usual resident,” therefore, one must conduct himself in accordance with his customary mode of life.</p>