E_ S v. G_ M_ S

PRITCHARD, Chief Judge.

The issue is whether the trial court erred in finding in the face of the presumption of legitimacy of a child born during wedlock, that respondent could not have been the father of a male child born to appellant wife during her marriage to respondent. Implicit in the court’s finding on that issue is the second issue of whether respondent should have been granted the divorce upon the alleged ground that the wife was pregnant “although plaintiff now is and has been sterile.”

The parties were married on August 10, 1968, and were separated on March 16, 1972. The husband had…