COMMONWEALTH v. BECKER


168 Pa.Super. 69 (1950)

Commonwealth v. Becker, Appellant.

Superior Court of Pennsylvania.

November 22, 1950.


Attorney(s) appearing for the Case

Leland W. Walker, for appellant.

Frank A. Orban, Jr., District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.


OPINION BY GUNTHER, J., November 22, 1950:

George Becker, appellant, convicted by a jury of fornication and bastardy with Gloria Layton, prosecutrix, a married woman, complains that the Commonwealth failed to produce sufficient competent evidence of nonaccess of the husband of the prosecutrix to rebut the presumption of legitimacy; and that the court below erred in submitting the question of nonaccess to the jury.

There was a clear showing that the prosecutrix...

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