Commonwealth v. Kerr

Rhodes, J.,

Opinion by

Defendant was indicted for wilful neglect to support a child born out of lawful wedlock under the Act of June 24, 1939, P. L. 872, §732, 18 PS §4732. At the close of the Commonwealth’s case, the court sustained defendant’s demurrer to the evidence, and then instructed the jury to return a verdict of not guilty. A verdict of not guilty followed. From the judgment of acquittal the Commonwealth takes this appeal.

The Commonwealth has no right to appeal in this case. In Com. v. Obenreder, 144 Pa. Superior Ct. 253, at pages 254, 255, 19 A. 2d 497, at page 498, in an opinion by…