COM. EX REL. CZURYLA v. TOSCANO


264 Pa.Super. 216 (1979)

399 A.2d 744

COMMONWEALTH of Pennsylvania ex rel. Louellen CZURYLA v. Dominic Joseph TOSCANO. Appeal of COMMONWEALTH of Pennsylvania.

Superior Court of Pennsylvania.

Decided March 9, 1979.


Attorney(s) appearing for the Case

Stephen B. Harris, First Assistant District Attorney, Doylestown, for Commonwealth, appellant.

Robert M. Hammond, Warrington, and with him, Randolph A. Scott, Warrington, for appellee.

Before CERCONE, HESTER and HOFFMAN, JJ.


PER CURIAM:

This is an appeal from an Order granting defendant's motion to dismiss under Pa.R.Crim.P. 1100(f). Although proceedings were initiated under the Civil Procedural Support Act, 62 P.S. § 2043.32, for the support of the parties' illegitimate child, the defendant denied paternity and demanded a criminal jury trial thereon, as is his right under Commonwealth v. Dillworth, 431 Pa. 479, 246 A.2d 859 (1968). At this...

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