Commonwealth v. Rose

Opinion by

Mr. Justice Cohen,

These appeals raise related questions concerning the procedure a common pleas judge must follow when he is acting as a committing magistrate The facts are as follows:

Bose was tried on June 20, and 21, 1967 before a judge and jury on an indictment charging fornication and bastardy. Bose testified he could not have engaged in intercourse with the prosecutrix at the time of the alleged conception because at that time he was attending a training course with the Army National Guard in Maryland. In rebuttal, the Commonwealth called a National Guard officer who testified…