22 A.2d 596 | Pa. Super. Ct. | 1941
Argued October 1, 1941. The appellant was convicted of failure to support his child born out of wedlock and was sentenced to pay $2.50 per week for its support and maintenance. The prosecution was brought under section 732 of the Act of June 24, 1939, P.L. 872, 18 Pa.C.S.A. § 4732, which provides that all prosecutions, with certain exceptions with which we are not here concerned, "must be brought within two (2) years of the birth of the child."
The child in question was born June 11, 1938. Information was filed before a justice of the peace June 7, 1940, and the bill of indictment was returned by the grand jury October 8, 1940. The appellant takes the position that as the indictment was returned more than two years after the birth of the child the judgment entered against him is illegal. He relies chiefly on Commonwealthv. Haas,
This prosecution was instituted upon a complaint made under oath or affirmation of the parent of the child, and the swearing out of a warrant. When that was done the prosecution had been brought, or commenced.
In 22 C.J.S. 364, § 234, it is stated: "The finding of an indictment or the filing of an information ordinarily under the various statutes is a sufficient commencement of a prosecution to prevent the running of the statute of limitations, . . . . . ."
We are of the opinion that the statute of limitations does not operate in favor of this defendant as the prosecution, as provided in the statute, was started within two years of the birth of the child.
Judgment of the court below is affirmed.