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indictment for a minor offence included in Q. S. of
the former, wherever under the indictment Commonwealth v. Neeley.
for the greater offence the defendant could Criminal Lau— Former Conviction have been convicted of the less; and if on Acquittal-When a bar to subsequent
the trial of the major offence there can be
a conviction of the minor, then a former indictment-Greater and less offence.
conviction or acquittal of the minor, will A former conviction or acquittal for a greater offence is
bar the major. And where the evidence a bar to a subsequent indictment for a minor offence included in the former; and whenever, under the indict necessary to support the second indictment ment for the greater, there could be a conviction on the
would have been sufficient to procure a less, a conviction or acquittal of the minor offense will bar a subsequent prosecution tor the greater.
legal conviction upon the first, the plea of A conviction of fornication and bastardy, held to bar autrefois acquit or autrefois convict is gena subsequent prosecution for the same acts under an indictment for adultery,
erally good; 1 Wharton on Criminal Law, Sur plea of former conviction.
sec. 560-565. An acquittal for voluntary
manslaughter is a bar to a future prosecuThe facts of the case appear by the
tion for murder, and where a man is at the opinion of the Court.
same time guilty of an assault and of a January 28, 1884. FUTHEY, P.J. The battery on the same person, the acquittal defendant was indicted at April Sessions,
in one case is a bar to the other. 1883, in separate bills for "fornication and
In the case before us, had the defendant bastardy,” and for “adultery and bas
been tried in the first instance on the intardy ;' he was tried on the indictment for
dictment for adultery, he could, on such fornication and bastardy and was convict- trial, have been convicted of fornication.
, . ed and sentenced. The Commonwealth
If a trial were now permitted to be had then arranged the defendant on the in
on the indictment for adultery, he could, in dictment for adultery and bastardy, to
like manner, be convicted of fornication, which he pleaded that he had been al
and thus we would have two convictions ready convicted and sentenced for the for the same offence, the one already had same offence.
on the indictment for fornication and anIt is conceded by the Commonwealth other on the indictment for adultery. The that the illicit carnal connection charged evidence necessary to support an indictin both indictments is the same, and the ment for adultery, is sufficient to warrant question therefore presented is, whether, a legal conviction of fornication. where a defendant is convicted and sen- Illicit carnal intercourse is called by diftenced for the offence of fornication, he ferent names, according to the circumcan be afterwards tried on an indictment stances which attend it. It may be seduccharging him with the same unlawful act tion, incest, adultery, fornication and basas adultery, he being a married man. tardy, or simple fornication, but the body
It is a rule than an acquittal or convic- of all these offences is the illicit connection on an indictment for a minor offense tion. In each case, the essential fact is generally no bar to a subsequent indict which constitutes the crime is such conment for a greater, and the works on crim- nection, and, on a trial for either of these inal law show the application of this rule. offences, the defendant may be convicted Thus, a conviction for assault with intent of fornication; Dinker v. Commonwealth, to kill, would be no bar to an indictment 5 Harris 126. for murder, and an acquittal for larceny
For the latter offence the defendant has
He canwould not prevent a prosecution for burg- been convicted and sentenced.
not be again placed on trial for the comlary with intent to steal.
mission of the same criminal act, called An acquittal or conviction, however, for by another name. a greater offence is a bar to a subsequent The plea is sustained.
Roads in Windsor Township. that came within its letter, and thus at the Viewers—_Similarity of Names--Who tuity of the Record was threatened by
very beginning of its existence the perpeintended.
those who should have been its most ear
nest supporters. The Court appointed Jacob Tyson as a reviewer. Jacob F. Tyson acted in that capacity. HELD, That as there The number of audits and other adverwas a Jacob Tyson residing in a neighboring township tisements connected with assigned estates and there is nothing to show who was intended, the report sustained the RECORD the first year in a should be set aside, and an alias review granted.
substantial manner, but during the second Exceptions to report of reviewers.
year these declined, while the friends of E. W. Spangler for exceptions.
the RECORD were hardly justified in Levi Maish for report.
standing alone as attorneys who required
more advertising and made the expense February 28, 1884, WICKES,P.J. Jacob of settling estates larger than others. As Tyson was appointed a reviewer and Jacob decreased, and the second year of its ex
a natural result the income materially F. Tyson acted. The evidence shows that | istence left but a small margin for the there is a Jacob Tyson, a cousin of Jacob F., labors of the publisher. residing in a neighboring township, and we For the last two years the RECORD has are not able to say who is intended. Un- been run at a loss. Frequent appeals der such circumstances the only safe plan were made to the Bar in its behalf, the is to set aside the report and grant an
last of which was the signing of a petition alias review under the provisions of the Rule. This measure would have saved
for a more stringent and comprehensive act February 23, 1870, P. L. 228. And
the RECORD, and we had no doubt as to now to-wit: February 28, 1884, we sus- the power of the court to adopt it; but tain the seventh exception, set aside this it has thought otherwise. However much report, award an alias review, and ap- RECORD, and a feeling of regret that
pride we felt in the publication of the point Frank J. McGee, of Wrightsville; York county could not compete with
, Jacob Sitler, of East Prospect borough, counties like Delaware in the publication and Daniel Anstine, of Windsor town- of a legal journal, we have no desire to ship.
pose as a benefactor of the Bar. If our journal is no longer desired, we will cease
inflicting it upon any one and give room VALEDICTORY.
for something else, or see the decisions of our court and the learning of our Bar sink
back to their former position, unpublished Four years ago the YORK LEGAL RE- and unknown outside our own precincts. CORD was launched upon the legal fra- To those members of the Bar who have ternity, and from the cordial welcome supported us from the beginning, we rewhich it received at the hands of the Bar,
turn our sincere thanks—the others we the publisher had reason to believe that forgive. If in the future any enterprising
genius makes a second attempt to pubit future prosperity was assured. Under
lish a law journal, we hope he may be the Rules of Court, adopted by the Bench, successful, and that the aid that was a liberal construction of which was ex
withheld from us will be extended to him. pected, nearly all legal advertisements Perhaps the absence of the RECORD, with were to be inserted in its columns, and
its conveniences and benefits, will cause
it to be regretted by those who “cared the expenses of publication liquidated in
for none of those things'' during its lifethis manner.
time. A number of the Bar put the construc
An index and table of cases will be tion on the rules that was expected by published in a short time, thus completing the Court and the publisher, and which labors as editor and publisher of a legal
the fourth volume. With that work our was the manner in which the same rule journal will close, and the Record will was interpreted in Lancaster ; but a ma- have reached jority only inserted the advertisements
OF CASES REPORTED IN THIS VOLUME.
law hold that it is not imperative that the affi-
davit should be made by the defendant person-
ally, but that it should be so made unless cause
is shown to the Court why it should be made by
another.-Acker v. Moore, 190.
SUFFICIENCY OF. PROMISSORY NOTE, I.
AGENTS. INSURANCE, 3.
1. The court below may amend its record after
DECEDENTS' ESTATES, 12,
APPEAL. JUSTICE OF THE PEACE, II. WAGES, I
APPLICATION. INSURANCE, 12.
ARBITRATION. PRACTICE, 1-2.
1. The statute of 1725 in reference to issuing
writs of capias and the exemption of freeholds
OF JUDGMENT. JUDGMENT, I.
1. When a minor contracts for goods, the same
the same not being necessaries, and afterwards
a domestic attachment is issued for the goods
and the minor through his guardian, ad litem,
for that reason, must be dissolved.
EXECUTION. JUSTICE OF THE PEACE, 1-6.
WHEN IT WILL LIE.
2. When an attachment would lie against a
party for nonperformance of a decree in equity,
it is also the proper remedy to enforce the pay-
ment of the costs. In such a case, it is not in
contravention of the Act of July 12th, 1851.-
AGAINST A MINOR.
BY WHOM MADE.
ATTORNEY-AT-LAW. DIVORCE, 2. JUSTICE COSTS.
1. In an action of trespass quare clausum fre-
git the defendant plead a right of way. The
jury found for the plaintiff, and upon a motion
for the Judge's certificate upon the verdict, so
as to entitle the plaintiff to full costs, HELD, That
the Court will grant such certificate, where the
title to the land is in question.
That where the defendant seeks to prove
a right of way over the plaintiff's land, it is such
an action as tends to encumber his title, and
OF PAUPERS. DIRECTORS OF POOR, 3.
WHEN COUNTY LIABLE. CRIMINAL LAW, I, 7.
FEES OF. DIVORCE, 2.
POWERS OF. JUSTICE OF THE PEACE, 8.
LIABILITY FOR COSTS. CRIMINAL LAW, I, 7.
costs. Infra 7.
1. In the case of assault and battery, where
the defendant died after the Grand Jury had re-
turned a true bill against him and before the
trial was held, the county cannot be compelled
to pay the costs of prosecution.-Commonwealth
v. Gallagher, 99.
FORCIBLE ENTRY, See HUSBAND & WIFE, 8, 9.
2. Where the marriage relation is disrupted,
or denied by one of the parties, who is in pos-
session of the premises, a forcible entry by the
one out of possession is unlawful.—Com. ex rel.
Boden v. McGolrick, 51.
3. A former conviction or acquittal for a
ment for a minor offence included in the former;
and whenever, under the indictment for the
a conviction or acquittal of the minor offence
will bar a subsequent prosecution for the greater.
held to bar a subsequent prosecution for the
5. Witness testified that he had known John
Coyle, Jr., 17 or 18 years, that he had plowed for
John Coyle, Sr., plowed in the Spring; got
ground ready for potatoes and tobacco; that he
saw John Coyle, Jr., on these different occasions;
saw him always about when the witness was
there. “Sometimes he cut wood in the wood
shed, one time white-washing, making fence;
he and the old man followed me when I plowed
and gathered up stones; sometimes ferried river
men, sometimes country people, across the
river, he spoke to me of course, sometimes he'd
ask me if I had my corn planted, if I had all my
Ime if I had done husking corn,
* * I have
seen him ride horse back alone up the road
sometimes. This Spring 3 years Johnny came
and said the old man sent up to see if you would
plow for us." HELD, to show sufficient ac-
quaintance with the prisoner to be permitted to
express his opinion as to his soundness of mind.
--Com. v. Coyle, 47.
6. It was not error to permit the District At- DEBTS. torney to ask the medical witnesses as to each
5. Under the Act of April 18, 1853, Sec. 2., the separate item of alleged evidence of insanity,
court may decree a sale of lands which are suband then group the whole into the question.-16. ject to the lien of debts not of record, although INSOLVENT.
no such debts are actually known to exist. 7. A resident of this Commonwealth in con- Green's Estate, 122. finement for costs alone, under sentence of a 6. Where the real estate of a solvent decedent criminal court, is entitled to be set at liberry is sold by order of Court for the payment of forth with upon making application for the bene- debts, interest on liens does not stop at the date fit of the insolvent law, and presenting a bond date of confirmation of the sale, but when the in accordance therewith.—Com. v. Trout, 91.
money is paid to the debtor.— Yeatman's ApJURISDICTION. Infra, 8.
peal, 19. PLEADING.
7. If the estate were insolvent, the interest 8. A. was convicted of murder in one county. would cease at the date of the confirmation of The Supreme Court reversed judgment, and the sale.-16. granted a venire. The venue was then changed to another county. On the trial there the pris
DISTRIBUTION. DISTRIBUTION, 6. oner asked leave to withdraw his plea of "Not LEGACY. Guilty," and plead to the jurisdiction of the
8. Personal property is the primary fund for Court. This the Court refused. HELD, not to
the payment of legacies that are not expressly be sufficient ground for a new trial.-Com. v. and exclusively charged on land ; and in such Coyle, 47.
case there must be a final account by the execREADING EXTRACTS.
utor, showing a deficiency of assets, before en9. It was not error to permit the District At- tering a decree for the sale of the land for the torney, in his argument to the jury, to read payment of the legacies. — Prince's Estate, 150. portions of the Pentateuch relating to murder.
RENTS. -Com. v. Coyle, 47.
9. Where an executor is compelled to rent the SEDUCTION.
decedent's real estate, and keep the property in 10. The evidence set forth in the opinion was
repair, he is entitled to a reasonable allowance was insufficient to go to the jury upon the ques- for these extra services.--Squibbs' Estate, 119. tion of a promise of marriage by the defendant prior to the seduction.-Rice v. Com. No. 2, 96.
10. But where part of such rent is lost through
his negligence, in not requiring security from WITNESS.
the tenant, he is properly surcharged with the II. The failure of the Commonwealth to call
amount so lost.-16. a certain witness commented on.-Rice v. Com.
WIDOW'S EXEMPTION. No. 2, 96.
II. Death of a widow three days after filing CUSTOM.
petition for exemption, and before the approval CONDUCTING ELECTION.
of the appraisement by the Court, does not in1. Where the charter of incorporation of a re- validate the claim.-Lafferty's Estate, 61. ligious society contains nothing as to the mode 12. A widower of fifty-seven years of age enof conducting election of trustees and there are tered into an ante-nuptial contract with a destino by-laws of the society regulating the same, tute widow of sixth-three, whereby the latter, former usage and practice becomes the law in
in consideration of a good and comfortable supsuch cases.—The Seventh-Day Baptists of Eph- port during her life and a decent Christian burial, rata, Lancaster Co., 29.
agreed to release all claim in and to her intended DEATH.
husband's estate. Held, That the contract was
upon a sufficient consideration, and that on the EFFECT OF. CRIMINAL LAW, I; DECEDENTS'
husband's death the widow was accordingly not ESTATES, II; EVIDENCE, I.
entitled to $300 exemption.-Ludwig's ApDECEDENTS' ESTATES.
peal, 61. ADMINISTRATION.
DEED. 1. While the expressed wish of the decedent that A. should administer on her estate, would
ALTERATION. be strong ground to sustain his appointment
1. Although the whole of a deed be not writpending a question of discretion before the Reg
ten by the same hand, in the absence of erasure ister, it is not a sufficient reason to reverse the
or interlination the presumption is that it was grant of letters given to a fit person.-Groves'
all written before sealing. The burden is on Estate, 191.
the other side to show that an alleged alteration 2. The Act of Assembly giving the widow the
was subsequent to delivery of the deed.— Feig
et al. v. Meyers, 83. preferred right to administer on the estate of her deceased husband, has not made an imperfect
READING. or defective education a legal disqualification. 2. If a party who can read will not read a deed -Bowersox's Appeal, 135.
put before him for execution, or if being unable 3. A knowledge of the value of property, and to read will not demand to have it read or exthe practical business transactions of life are plained to him, he is guilty of supine negligence sufficient to satisfy the requirements of the which it not the subject of protection, either at Statute.-16.
law or equity.-Anthracite B. & L. Associa4. The powers of the register's court are now tion v. Lyons, 103. vested in the Orphans' Court, and when letters
RECORDING. MARRIED WOMAN, I. of administration are revoked by it, it should direct to whom the new letters should issue.- DIRECTORS OF THE POOR. Ward's Estate, 36.