Commonwealth v. Becker

Opinion by

Gunther, J.,

George Becker, appellant, convicted by a jury of fornication and bastardy with Gloria Layton, prosecu-trix, a married woman, complains that the Commonwealth failed to produce sufficient competent evidence of nonaccess of the husband of the prosecutrix to rebut the presumption of legitimacy; and that the court below erred in submitting the question of nonaccess to the jury.

There was a clear showing that the prosecutrix was the wife of John Layton who was in full life and from whom she has not been divorced. In such circumstances, the burden was upon the Commonwealth to…