COM. v. STEWART


374 Pa.Super. 479 (1988)

543 A.2d 572

COMMONWEALTH of Pennsylvania v. James R. STEWART, Appellant.

Supreme Court of Pennsylvania.

Filed June 1, 1988.


Attorney(s) appearing for the Case

Dean N. Livermore, Jersey Shore, for appellant.

Kenneth Osokow, Assistant District Attorney, Williamsport, for Com., appellee.

Before CIRILLO, President Judge, and ROWLEY and TAMILIA, JJ.


ROWLEY, Judge:

This case presents the question of whether a custodial parent's mere knowledge of an impending custody hearing and an order entered thereat, in the absence of valid service of process on the parent, is sufficient to bring the parent within the "jurisdiction" of the trial court so as to deprive the parent of the defense provided in section 2904(b)(3) of the Crimes Code to the offense of Interfering with Custody of Children, 18 Pa.C.S. § 2904(a)...

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