Commonwealth v. Boyer

Opinion by

Ditheich, J.,

Defendant was convicted of willful neglect to support a child born out of lawful wedlock. A true bill was returned on September 6, 1949. When the case came on for trial counsel for defendant moved to quash the indictment on the ground that it showed on its face that, more than two years having elapsed between the birth of the child and the return of the grand jury, the pros? ecution was barred by the statute of limitations. The motion was overruled and defendant then, entered a plea of not guilty.

No notes of testimony were taken. The following facts appear in the…