85 Pa. Super. 270 | Pa. Super. Ct. | 1925
Argued March 10, 1925.
The defendant was indicted, in the Court of Quarter Sessions of Allegheny County for neglecting or refusing to contribute reasonably to the support and maintenance of a child of his born out of lawful wedlock. The indictment was drawn in accordance with the provisions of the Act of July 11, 1917, P.L. 773. At the trial the defendant was convicted and on July 17, 1919, was sentenced to pay a fine of 6 1/4 cents to the Commonwealth, the costs of prosecution, and to pay to the mother of the child $150 for its maintenance from February 1, 1919, to July 17, *272
1919, and was directed to pay the mother $15 per week for four years, and to give bond with surety in the sum of $500 to comply with the sentence. The defendant complied with the sentence after having taken a fruitless appeal to the Superior Court (Com. v. Wibner,
It is unnecessary to consider the appellant's position that the order complained of is invalid because made after the end of the term in which the defendant was tried. The Commonwealth does not assert such authority. The ground on which the proceeding was rested is that the statute authorizes a renewal of orders for support in the discretion of the court. We express no opinion, as to any other remedy that may be available in aid of an apparently worthy cause.
The second assignment is sustained and the judgment reversed. *275