Commonwealth ex rel. Dimpter v. Kapp

HESTER, Judge:

This court has before it the appeal of Commonwealth ex rel. Elizabeth P. Dimpter from the lower court’s order under date of March 21, 1978, which quashed the criminal complaint dated June 30, 1977, brought against appellee, Robert Kapp.

The procedural history is as follows: On May 10, 1976, appellant-prosecutrix filed a criminal information against appellee under 18 Pa. C.S.A. 4323,1 Neglect to Support Bastard, wherein it was alleged:

“Actor and Affiant did engage in sexual intercourse on a regular basis between January 1, 1975 until February 21, 1975, at 33 Chester Pike, Ridley…