Commonwealth v. Ostrum

Decided December 12, 1918

Superior Court of Pennsylvania · decided 1918-12-12

Appeal, No. 404, Oct. T., 1918, by defendant, from judgment of Municipal Court, Philadelphia Co., Aug. T., 1917, No. 404, on verdict of guilty in case of Commonwealth v. Samuel B. Ostrum. Indictment for seduction under promise of marriage. Before Gorman, J. See Commonwealth v. Bemey, (2) 262 Pa. 176. Verdict of guilty upon which judgment of sentence was passed. Plaintiff appealed. Error assigned, amongst others, was in failing to properly instruct the jury with reference to the law upon the question of reasonable doubt.

Affirmed · Decided 1918-12-12

Per Curiam,

¶1The relation established by the prosecutor and the defendant subsequent to their admitted engagement to marry, was the sole question in controversy in the court below, and this was submitted in a charge that was free from reversible error. Its sufficiency on the question of reasonable doubt has been settled by the Supreme Court in Com. v. Berney, No. 181, January Term, 1918, filed July 17, 1918.

¶2The judgment is affirmed, and it is ordered that the appellant appear in the court below at such time as he may be there called, and that he be by that court committed until he has complied with the sentence or any part of it that has not been performed at the time this appeal became a supersedeas,