In Re: Insolvency of Hogan

Opinion by

Gawthrop, J.,

Appellant was convicted of fornication and bastardy and committed to jail in default of giving security to comply with the terms of the sentence. After having been in actual confinement for more than three months, he filed a petition under the Insolvent Act of 1901, P. L. 404, praying to be discharged from custody. The rule entered was resisted by the district attorney and the discharge was refused. Under the terms of section 6 of the Insolvent Act a defendant, who has been convicted of fornication and bastardy and has served three months in jail, is entitled to a…