Commonwealth v. Feingold

Concurring and Dissenting Opinion by

Spaeth, J.:

I agree that the order of the lower court should be affirmed,1 but not on the lower court’s opinion. 99 Montg. Co. L.R. 231 (1975).

*264I

Appellant would have us declare unconstitutional both the desertion and non-support provision of the former Penal Code, Act of June 24, 1939, P.L. 872, §733, as amended, 18 P.S. §4733, and its successor provision in the Crimes Code, Act of Dec. 6, 1972, P.L. 1482, No. 334, §1, 18 Pa.C.S. §4322.2 It is appellant’s contention that to make only a husband - not also his wife - criminally responsible for non-support is a…