Commonwealth v. Barone

Opinion by

Fine, J.,

Dominic P. Barone, appellant, was convicted, upon an indictment charging him with having wilfully neglected to contribute to the-support and maintenance of three children born out of wedlock. Appellant now complains that (1) the court below erred in overruling his demurrer for the reason that the Commonwealth’s evidence was insufficient to rebut the presumption of legitimacy and of access by the husband and (2) the evidence viewed in its entirety was insufficient to sustain his conviction. ■

The prosecutrix testified as follows: She was married to John Clarkson in 1928 and…