Commonwealth v. Gamica

Opinion by

Linn, J.,

Appellant,. a married man, was charged in separate counts with adultery and bastardy, and with fornication and bastardy, and was convicted as indicted. Both the begetting and the birth of the child were alleged to have taken place in Allegheny County, but the evidence showed that the former occurred in Westmoreland County; appellant was sentenced to pay a fine and to . serve a year’s imprisonment.

The penalty for adultery is prescribed by section 36 of the Act of March 31, 1860, P. L. 392; and the Commonwealth contends that the sentence of imprisonment complained of was…