Commonwealth v. Bell

<p>Appeal, No. 33, March T., 1900, by-defendant in a suit of Commonwealth of Pennsylvania against Peter Bell, from sentence of Q. S. Cumberland Co., Feb. Sess., 1900, No. 4, on verdict of guilty.</p> <p>Opinion by Beaver, J.</p> <p>Indictment for assault and battery with intent to rávish.</p> <p>It appears from the testimony, as recited in the charge of the court, as follows : That on the night of Tuesday, November 14, about half past nine o’clock, as Edna Harris was going from the opera house northward on Pitt street with some of her girl friends, she saw á man with a light hat and coat come out of Dickinson alley, cross Pitt street, from Bretz’s stable, and come over to the east side of the street, and follow them along Pitt street to the corner at which Williams’s grocery store is located on Louther street. She testified that the man went out northward on Pitt street and she went down Louther street to West and out West street towards her home, andas she passed Locust alley on West street she noticed a man with a light hat and coat standing in the alley and he jumped and grabbed her by the shoulder. She says she shrieked and he ran after her when she had gotten herself loose, and finally turned back and ran down the alley. She testified that he had on a light overcoat, a light hat or cap, that she did not see his face, but he was a light colored man. She said he held her from three to five minutes and her shoulder was black and blue.</p> <p>Miss Harris, her older sister, testified that she heard the shrieks at or about this time and she went to the door and let her sister Edna in.</p> <p>Edna Harris also stated that this defendant at various times had gazed at her quite rudely while on the street, and that she had on several occasions turned her face away from him on account of his gazing.</p> <p>Miss Widner testified that she was at the opera house on the night in question with Miss Harris, and that on walking northward on Pitt street with her she noticed a man with a light coat cross the street and walk northward on Pitt street behind the young ladies of the party — five, I believe — between half-past nine and a quarter of ten o’clock.</p> <p>Frank Wheatfield, a young man, said that on the evening in question he saw the defendant go into Dickinson alley, on West street, right opposite Dickinson College gate, and go down Dickinson alley towards Bretz’s livery stable, and that he recognized Peter Bell, who is here as defendant.</p> <p>Miss Fredericks stated that on the night in question, a little after nine o’clock as she was going home and passing Locust alley, she noticed Bell, whom she knew very well, standing close up against a butcher shop at the mouth of Locust alley, and that he then had on a light coat and a light slouch hat.</p> <p>Defendant submitted among others the following points:</p> <p>[1. There being no evidence produced on the part of the commonwealth of a specific intention to commit the crime of rape, the court should instruct the jury that there can be no conviction upon the first count of the bill of indictment. Answer : This point is refused.] [1]</p> <p>[2. Before the jury would be warranted in finding the defendant guilty upon the first count of the indictment, there must be proof of an attempt to use force sufficient to overcome all reasonable resistance upon the part of the person assaulted, and there being no evidence sufficient to submit to the jury of the use of force upon the part of the defendant sufficient to overcome the will of the person named in the indictment as the person assaulted, and to forcibly have carnal knowledge of her person, there can be no conviction upon the first count of the bill of indictment. Answer: This point is refused.] [2]</p> <p>Yerdict of guilty and sentence thereon. Defendant appealed.</p> <p>Errors assigned among others were (1, 2) refusal of defendant’s first and second points, reciting same.</p>