Commonwealth v. Rex

Opinion by

Hirt, J.,

Defendant was convicted of fornication and bastardy. The indictment charged sexual intercourse with prosecutrix on September 1, 1939 and the birth of the child on May 30,1940. The Commonwealth’s case rests solely upon the testimony of the prosecutrix, a, sixteen year old girl, obviously of limited mentality. This appeal questions the sufficiency of the evidence to support the conviction of bastardy.

The birth of the child on May 30, 1940 is conceded and in the testimony there is the positive statement of the mother that defendant had sexual intercourse with her on September…