Commonwealth v. Savage

Opinion by

Hoffman, J.,

Forest Savage (appellant) was charged with fornication and bastardy and was tried by a judge sitting without a jury. The prosecutrix, a married woman, admitted being married at the time of the alleged offense. At trial the Commonwealth proved fornication, and then attempted to show, by testimony of the prosecutrix, that she had not seen her husband for nine years. The trial court sustained appellant’s objections to this testimony.

In a further attempt to establish nonaccess, the Commonwealth called the mother of the prosecutrix as a witness. The mother testified that…