Appeals from orders of Court of Common Pleas of Montgomery County, Jan. T., 1974, No. 90, and Sept. T., 1970, No. 535, in cases of Commonwealth of Pennsylvania v. Leonard Feingold, and Commonwealth of Pennsylvania ex rel. Eric Feingold, by his father and next friend, Leonard Feingold v. Mary Feingold.
Leonard Feingold, appellant, in propria persona, at Nos. 1092 and 1093.
Sheldon W. Farber, for appellee at Nos. 1092 and 1093.
Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Watkins, P.j., Cercone and Van der Voort, JJ., would affirm on the opinion of Tredinnick, J., of the court below. Concurring and Dissenting Opinion by Spaeth, J. Hoffman, J., joins in this opinion. Dissenting Opinion by Price, J.
[ 240 Pa. Super. Page 263]
Concurring and Dissenting Opinion by Spaeth, J.:
I agree that the order of the lower court should be affirmed,*fn1 but not on the lower court's opinion. 99 Montg. Co. L.R. 231 (1975).
[ 240 Pa. Super. Page 264]
Appellant would have us declare unconstitutional both the desertion and non-support provision of the former Penal Code, Act of June 24, 1939, P.L. 872, § 733, as amended, 18 P.S. § 4733, and its successor provision in the Crimes Code, Act of Dec. 6, 1972, P.L. 1482, No. 334, § 1, 18 Pa.C.S. § 4322.*fn2 It is appellant's contention that to make only a husband - not also his wife - criminally responsible for non-support is a discrimination based on sex in violation of the Equality of Rights Amendment to the Pennsylvania ...