34 Pa. Super. 256 | Pa. | 1907
Opinion by
The first three assignments of error relate to the admission of testimony, the fourth to a portion of the charge of the court, the fifth, sixth, seventh and eighth to the answers to points submitted by the defendant, and the ninth to the refusal of the defendant’s motion for a new trial. With regard to the last we remark that the motion was based upon ex parte affidavits alleging after discovered testimony. An examination of the affidavits fails to convince us that the court committed an abuse of discretion in overruling the motion. Under the certificate of the trial judge the only matters properly before us for review are the answers to the points, and as to them we are of opinion that no reversible error was committed except in the answer to the seventh point. We shall, therefore, not discuss the assignments as to the admission of testimony or as to the instructions alleged to have been contained in the general charge. In order to a proper understanding of the question raised by the defendant’s seventh point it will be necessary to briefly recite some of the facts.
The prosecutrix, a married woman, testified that she went to the parish house, occupied by the defendant as priest, between seven and eight o’clock in the morning, for the purpose of collecting a small sum due her husband. She says that after she had transacted the business and was about to leave the house, the defendant solicited her to go upstairs with him, and upon her refusal, caught hold of her,, locked the front door, and dragged and pushed her upstairs. On reaching the second story, she says, he pushed her through one room, locking the door and putting the key in his pocket, and threw her upon a bed in the adjoining room. Noticing that a window in this room was raised, he went to close it, and while doing so she sprang from the bed and tried to escape from the room. She says he again seized her, and, after several attempts, notwithstanding her resistance and outcries, not only succeeded in his purpose but repeated the criminal act. It will be seen this is not a case where the act was accomplished while the woman was insensible through fright or any other cause, or where her consent was obtained by imposition, or where her will was 'overcome by fear so extreme as to deter her from resistance. It is a case wherein, it is claimed, the defendant intended to
Judgment reversed and venire facias de novo awarded.