Commonwealth v. Hertel

GREEVY, P. J.,

Following his conviction by a jury of fornication and bastardy, John Hertel, defendant, filed motions in arrest of judgment and for a new trial.

Noreen Smith, the prosecutrix, testified that she had intercourse with defendant five times from September 5 or 6, 1970, through the first week of October 1970, and with another man “the end of October 1970.” The child was born June 30, 1971.

DISCUSSION

The court will first consider the motion in arrest of judgment as it applies to the bastardy charge.

“We are not unmindful of the standard to be applied in considering a motion in arrest of…