Commonwealth v. Fagan

Griffith, P. J.,

Defendant was convicted by a jury of the crime of incestuous fornication on his 18-year-old daughter, which the indictment charged occurred on June 4,1965.

Defendant filed motions for new trial and in arrest of judgment. At the oral argument on the motions, the motion in arrest of judgment was dropped, as well as the contention that the verdict was against the weight of the evidence.

The question before us is whether a new trial should be awarded on the ground that testimony was admitted concerning an act of sexual intercourse between defendant and the same daughter slightly…