Commonwealth v. Atherton

Opinion by

Cunningham, J.,

This appeal by the defendant is from his conviction under an indictment charging him with having begotten a female bastard child on the body of Marian Reichley, in the latter part of April, 1936. The question here involved is raised by the first assignment which charges that the trial judge erred in refusing appellant’s first point for charge, reading: “Under all the evidence, the verdict must be for the defendant on the charge of bastardy.”

Under the Commonwealth’s own evidence the point should have been affirmed. It was based upon the proposition that the evidence…