Commonwealth v. Haley

Knight, J.,

The prosecutrix, who resides in Montgomery

County, charges the defendant, her husband, who resides in Philadelphia County, with desertion and non-support.

At the hearing before this court, the defendant offered in evidence a certified copy of a record of the Municipal Court of Philadelphia, showing that the prosecutrix had the defendant before that court in April of this year on the same charge, and that, after a full hearing, the case had been dismissed.

The defendant now sets up the dismissal of the former prosecution as a bar to the present.

The Act of April 13, 1867, P. L. 78,…