Commonwealth v. Bready

Opinion by

Ervin, J.,

This appeal involves the simple question of whether a judge in a criminal trial without a jury may direct the district attorney to summon and call certain witnesses in order that the truth may be elicited.

The defendant was tried on a charge of fornication and bastardy. The prosecutrix testified that she met the defendant in the fall of 1956 and saw him regularly thereafter until May of 1957; that they engaged in sexual relations about ten times during that period; that a baby was born within the usual gestation period after their last act of intercourse in May of 1957 and…