Commonwealth v. Ebert

Opinion by

Keller, P. J.,

This was a prosecution for incestuous rape alleged to have been committed by the defendant on his daughter, Betty, a minor child fifteen years of age. The girl is his child by his first wife. Shortly after his wife’s death the child was placed in the Children’s Home in Pottsville, where she remained until after her father’s second marriage, when she returned to her father’s house to live. The offense Avas alleged to have been committed Avithin a few AAreeks after her return.

Appellant’s counsel contends (1) that a conviction in such a case cannot be had on the testimony…