Commonwealth v. Jenkins

Sloane, J.,

— Defendant was indicted, tried, and convicted of incestuous rape (and kindred charges) upon his 14-year-old daughter. At trial, it came out that the daughter was pregnant.

Defendant persists he is innocent and in his resoluteness did two things: he agreed to our suggestion of a blood-grouping test, and moved for a new trial.

Because of his assent (see Commonwealth v. English, 123 Pa. Superior Ct. 161 (1936)), we awaited birth of the child, hoping to solve our problem by getting to the fact of intercourse by the fact of paternity through the blood-grouping test, admittedly not…