Commonwealth ex rel. Dimpter v. Kapp

I agree with the result reached by the majority, but for a different reason.

In both criminal complaints, appellant alleged that the defendant fathered the child sometime between January 1, 1975 and February 21, 1975. However, the second complaint charges failure to support this child over a later time period than was possible in the first complaint. Because Section 4323 is the offense of failure to support an illegitimate child, and not of fathering one,1 the two complaints thus charge two different and separate offenses. See Commonwealth v. Garris, 247 Pa.Super. 455, 458, 372 A.2d 914, 916…