Commonwealth v. Kenney

Opinion by

Trexler, J.,

The proceedings in this case appear to be entirely regular. There is a petition under oath presented by the wife alleging that her husband without reasonable cause separated from her and ceased to maintain her and her child. Defendant is brought into court and the matter is heard and an order for support made. This was done under Act of April 13, 1867, P. L. 78, which is still in force and has not been superseded by the Act of March 13,1903, P. L. 26, which made desertion a misdemeanor: Com. v. Nagle, 31 Pa. Superior Ct. 175.

The defendant contends that the court had no…