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COMMONWEALTH v. TRESSLER (03/30/72)

decided: March 30, 1972.

COMMONWEALTH
v.
TRESSLER, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Clinton County, June T., 1970, No. 17, in case of Commonwealth of Pennsylvania v. William Tressler.

COUNSEL

J. Michael Williamson, Public Defender, for appellant.

Bernhard Dohrmann, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Spaulding and Cercone, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 221 Pa. Super. Page 95]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from appellant's convictions for fornication and bastardy. Appellant's sole contention in this appeal is that the lower court improperly refused his timely request for a blood grouping test at county expense to determine paternity pursuant to the Uniform Act on Blood Tests.*fn1

Appellant was unrepresented by counsel at his arraignment and the Public Defender of Clinton County was appointed to represent him. Prior to trial appellant's counsel petitioned the lower court to order that appellant, the prosecutrix and the child submit to blood grouping tests at county expense. This petition was denied. At trial this request was renewed, and the lower court questioned appellant concerning his financial ability to pay for such tests. The Court determined that appellant was not working, had not worked for five months, was living with his parents who were supporting him and had not attempted prior to trial to raise the money necessary for the tests either by working or through his family.

The Court then concluded that appellant was not entitled to have the test performed at county expense. Appellant argues that this holding was erroneous.

The Uniform Act on Blood Tests, supra, provides inter alia, that in all prosecutions for fornication and bastardy a defendant may ...


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