Commonwealth v. Harbaugh

Opinion by

Woodside, J.,

James Harbaugh was convicted of fornication and bastardy. After sentence he appealed to this Court. We sustained the sentence for fornication but set aside the bastardy conviction and granted a new trial. (197 Pa. Superior Ct. 587, 179 A. 2d 656). At the retrial the defendant was again convicted of bastardy, sentenced and has again appealed. We are unanimously of the opinion that the conviction must again be set aside and a new trial granted.

In granting a new trial in the first case, pp. 590, 591, we said: “. . . All these facts — the short period of gestation, the lack…