Commonwealth v. Wibner
Superior Court of Pennsylvania
Appeal, No. 40, April T., 1920, by defendant, from judgment of Q. S. Allegheny County, May Sessions, 1919, No. 15, on verdict of guilty in case of Commonwealth v. Albert J. Wibner. Indictment under Act of July 11, 1917, P. L. 773, for failure to support illegitimate child. Before Haymaker, J. The facts appear in the opinion of the Superior Court. Verdict of guilty upon which judgment of sentence was passed. Defendant appealed.
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Appeal, No. 40, April T., 1920, by defendant, from judgment of Q. S. Allegheny County, May Sessions, 1919, No. 15, on verdict of guilty in case of Commonwealth v. Albert J. Wibner. Indictment under Act of July 11, 1917, P. L. 773, for failure to support illegitimate child. Before Haymaker, J. The facts appear in the opinion of the Superior Court. Verdict of guilty upon which judgment of sentence was passed. Defendant appealed. Error assigned, among others, was the charge of the court, refusal to quash the indictment and to give binding instructions for the defendant.
1Opinion of the Court
Opinion by
Orlady, P. J.,
The defendant was convicted of violation of the Act of July 11, 1917, P. L. 773, which provides that any parent who shall wilfully neglect or refuse to contribute reasonably to the support and maintenance of a child born out of wedlock, shall be guilty of misdemeanor. All the defenses raised on the trial below are fairly embraced in the question involved as submitted by the appellant. First: In an indictment charging the defendant with *351wilful neglect and failure to contribute reasonably to the support of a child born out of lawful wedlock, is it competent for the trial…
2Cited by13 opinions
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- Commonwealth v. PewattsSuperior Court of Pennsylvania · 1962
- State v. SimsSupreme Court of Louisiana · 1952
- Commonwealth v. BertramSuperior Court of Pennsylvania · 1940
- Commonwealth v. ShavinskySuperior Court of Pennsylvania · 1956
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