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COMMONWEALTH v. SHAVINSKY

174 Pa.Super. 273 (1953)

Commonwealth v. Shavinsky, Appellant.

Superior Court of Pennsylvania.

December 29, 1953.

Attorney(s) appearing for the Case

David S. Palkovitz, with him Robert Palkovitz and Jack Palkovitz, for appellant.

Albert A. Fiok, Assistant District Attorney, with him James F. Malone, Jr., District Attorney, for appellee.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, WRIGHT and WOODSIDE, JJ.

OPINION BY WOODSIDE, J., December 29, 1953:

The only question presented in this appeal is the meaning of the expression "born out of lawful wedlock" as contained in Sec. 732 of The Penal Code of June 24, 1939, P.L. 872, 18 PS 4732.

The section reads as follows: "Section 732. Neglect To Support Bastard. — Whoever, being a parent, wilfully neglects or refuses to contribute reasonably to the support and maintenance of a child born out of lawful wedlock...

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