Commonwealth v. Henderson

Opinion by

Dithrich, J.,

Appellant contends that' the court below erred in entering upon him an order for support of his wife “without first finding that the defendant had neglected to maintain” her. He submits “that the primary question in the instant case is not what sum the court should enter as an order, but whether it has power under the evidence to enter an order in any sum¿”

The proceeding having been instituted by the issuance, of an information under §733 of the Act . of June 24, 1939,- P, L. 872, 18 PS §4733, and counsel for the parties having stipulated of record that “The question to…