Commonwealth v. Widmeyer

Opinion by

Baldrige, J.,

We are confronted here with a jumbled record as a result of the failure of the moving parties to this litigation to distinguish between the Act of April 13„ 1867, P. L. 78, as amended, 18 PS §1251, which enables wives and children of deserting husbands to secure support, and the Act of March 13, 1903, P. L. 26, §2, as amended and reenacted prior to 1939,18 PS §1257, making desertion by the husband a misdemeanor: Commonwealth v. Smith, 117 Pa. Superior Ct. 318, 178 A. 335; Commonwealth v. Carson, 82 Pa. Superior Ct. 291.

The original record, all of which, for some…