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COMMONWEALTH v. POTTS

220 Pa.Super. 152 (1971)

Commonwealth, Appellant, v. Potts.

Superior Court of Pennsylvania.

December 13, 1971.

Attorney(s) appearing for the Case

Paul M. Petro, Assistant District Attorney, with him Jess D. Costa, District Attorney, for Commonwealth, appellant.

Paul P. Posa, with him Greenlee, Richman, Derrico and Posa, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and CERCONE, JJ. (SPAULDING, J., absent).

OPINION BY HOFFMAN, J., December 13, 1971:

This is an appeal by the Commonwealth from the order of the lower court dismissing the prosecution against the appellee for fornication and bastardy solely because a negative blood test requested by the defendant had excluded the appellee as fathering the bastard child. The prosecution had requested a second blood test, but this request was refused by the court. The court held that even if a second blood test did not exclude...

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