COMMONWEALTH v. BREADY


189 Pa.Super. 427 (1959)

Commonwealth v. Bready, Appellant.

Superior Court of Pennsylvania.

April 16, 1959.


Attorney(s) appearing for the Case

Conrad G. Moffet, for appellant.

Sidney M. DeAngelis, Assistant District Attorney, with him Bernard E. DiJoseph, District Attorney, for appellee.

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


OPINION BY ERVIN, J., April 16, 1959:

This appeal involves the simple question of whether a judge in a criminal trial without a jury may direct the district attorney to summon and call certain witnesses in order that the truth may be elicited.

The defendant was tried on a charge of fornication and bastardy. The prosecutrix testified that she met the defendant in the fall of 1956 and saw him regularly thereafter until May of 1957; that they engaged in sexual...

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