COM. ex rel. MILLER v. EBBERT


184 Pa.Super. 578 (1957)

Commonwealth ex rel. Miller, Appellant, v. Ebbert.

Superior Court of Pennsylvania.

November 12, 1957.


Attorney(s) appearing for the Case

Joseph H. Foster, with him Martin H. Philip, for appellant.

William H. Bayer, for appellee.

Leon Ehrlich, Deputy Attorney General, with him Joseph Cohen, Deputy Attorney General, and Thomas D. McBride, Attorney General, for Commonwealth of Pennsylvania, amicus curiae.

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


OPINION BY HIRT, J., November 12, 1957:

On July 8, 1954, the defendant entered a plea of guilty to the charges of fornication and bastardy. The child, a boy, had been born to Grace Miller, the prosecutrix, on July 7, 1952. On October 22, 1954, he pleaded guilty to a second charge of fornication and bastardy on the complaint of the same Grace Miller, following the birth to her of another male child on August 23, 1954. In each instance the court sentenced the defendant...

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