Appeal, No. 431, Oct. T., 1959, from judgment of Municipal Court of Philadelphia County, Jan. T., 1956, No. 4062, in case of Commonwealth of Pennsylvania v. Edgar Cobb. Appeal quashed.
Leslie P. Hill, for appellant.
Juanita Kidd Stout, Assistant District Attorney, with her Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Before Rhodes, P.j., Hirt, Wright, Woodside, Ervin, and Watkins, JJ. (gunther, J., absent).
[ 190 Pa. Super. Page 649]
Edgar Cobb was charged under Section 732 of The Penal Code with neglect to support children born out of lawful wedlock. Act of June 24, 1939, P.L. 872, 18 P.S. 4732. He waived presentation of the bill of indictment to the grand jury, and entered a plea of not guilty. The trial jury returned a verdict of guilty, and sentence was imposed. The defendant thereafter filed a motion for a new trial, which motion was denied. This appeal followed.
[ 190 Pa. Super. Page 650]
The record discloses that the appeal was not filed in time,*fn1 and it must therefore be quashed: Commonwealth ex rel. Nicosia v. Nicosia, 184 Pa. Superior Ct. 440, 136 A.2d 135. Since the Commonwealth did not raise this question, we will briefly discuss the merits. A review of the testimony appears in the following excerpt from the opinion filed by the court below pursuant to our Rule 43:
"The prosecutrix [a single woman] testified that she met the defendant in the fall of 1950 and had relations with him beginning 1951 at the apartment in which he lived at 748 North 19th Street, Philadelphia, and that she continued to have relations with him, with the exception of an interim from the latter part of June to the latter part of August, 1952, until after she became pregnant. When she learned that she was pregnant in October, 1952, she had a conversation with the defendant and when he refused to do anything, went to the home of a sister in North Carolina and assumed the financial burden of the birth of the children and supported them without entering a complaint or a charge against the defendant until she became ill in August 1954.*fn2
"The twin children were exhibited to the jury and thereafter the Commonwealth closed its case. The defendant, Edgar Cobb testified that he only had relations with the prosecutrix on one occasion, in February 1952 and that he never saw her again until he was summoned to court. He denied her testimony that he had frequently called at her home and met her father
[ 190 Pa. Super. Page 651]
or that he had even picked her up at her ...