Commonwealth ex rel. Leider v. Leider

Dissenting Opinion by

Hoffman, J.:

I agree with President Judge Ervin that testimony of husband or wife as to nonaccess should not be barred' *439where it will not bastardize the child-

The time has come, however, for a thorough, critical reevaluation of the general rule. I need not here consider the questionable, historical basis for this doctrine. Its origin and development have been carefully explored and analyzed in 7 Wigmore, Evidence § §2063, 2064 (3rd Ed. 1940)'... Moreover, regardless of the historical justification for the rule, it has, concededly, through repeated citation, become ah…