Commonwealth v. Spano

WlNNET, J.,

Petitioner, through this writ of habeas corpus, seeks to share the custody of his three-year-old son,- who is with respondent, the mother. The facts are not in dispute. The child was born out of a bigamous marriage. Petitioner is an American citizen of Italian descent. In August 1937 while in Italy he married one, Eugenia Bombara, who bore him two children. At the outbreak of the war, he was required by the American authorities to return to this country. In the latter part of 1944 he received information that his wife and children had been killed in an air raid. In good faith he…