Commonwealth Ex Rel. Rey v. Rey

Opinion by

Arnold, J.,

This proceeding for support was brought under Section 733 of the Penal Code of 1939 [18 P.S. 4733] formerly the Act of 1867. Support was sought for the wife and the two children, five and two years of age respectively. The defendant offered no testimony and the court below discharged him because of a separation agreement entered into between them.

The effect of a separation agreement is carefully discussed in Commonwealth v. Richards, 126 Pa. Superior Ct. 517, 191 A. 634, in which it was held, following Commonwealth ex rel. Isaacs v. Isaacs, 124 Pa. Superior Ct. 450, 188…