Commonwealth v. Fox

Opinion by

Rhodes, P. J.,

The defendant, Wilford Pox, was indicted in the Court of Quarter Sessions of Laivrence County on two counts. The first count charges the crime of fornication and bastardy, and the second charges the crime of fornication. A motion to quash the indictment was refused and defendant was tried before a jury on both counts. At the close of the Commonwealth’s case, de fendant moved to dismiss the first count, charging bastardy, and asked for his discharge. The motion was granted by the trial judge on the ground that the Commonwealth failed to prove nonaccess of prosecutrix’…