Commonwealth v. Marcinek

Fortney, P. J.,

Defendant, after being indicted on a charge of fornication and bastardy, waived his right to trial by jury and entered a plea of “not guilty” before the court.

At the hearing, prosecutrix testified that she is a resident of Coal Township, Northumberland County, Pa. As a result of sexual relations with defendant, in her home, on April 28, 1951, a male bastard child was born to her on January 26,1952. Upon the conclusion of this testimony, defendant, who did not take the wit*342ness stand, moved the court to direct a verdict of not guilty on the charge of bastardy. The reasons…