Commonwealth v. Rose

Opinion by

Spaulding, J.,

This is an appeal by the Commonwealth from an order of the Court of Quarter Sessions of Montgomery County quashing an indictment of perjury against appellee Joseph Rose.

On June 20, 1967, appellee was tried on charges of fornication and bastardy, the jury returning a verdict of acquittal. In his defense, appellee testified that he could not have engaged in intercourse with the prosecutrix in February 1964 because he was enrolled in an Army training course in Aberdeen, Maryland from February 2, 1964, until March 20, 1964. In rebuttal, the Commonwealth presented the…