Commonwealth v. Abell

Citations

• 75 Pa. Super. 267
• 1920 Pa. Super. LEXIS 261

Syllabus

<p>Criminal law — Failure to support illegitimate child — Acts of July 11,1917, P. L. 77S, and July 21,1919, P. L. 1075.</p> <p>In a prosecution for failure to contribute to the support and maintenance of a child born out of lawful wedlock, a complaint may be made by the grandmother of the child. The provision in the act with respect to prosecution by the mother is directory or permissive only, and does not restrict the authority to institute the prosecution to the mother alone. The offense is a misdemeanor, and every person who is capable of taking an oath in a court of justice is competent to become a prosecutor.</p> <p>In a prosecution under the Act of 1917, P. L. 773, the statute of limitations does not begin to run from the birth of the child. The prohibited act was committed when the defendant wilfully omitted the duty cast upon him by the statute and the running of the limitation began at that time.</p> <p>Where the defendant was indicted prior to the passing of the Act of July 21, 1919, P. L. 1075, which amended the Act of 1917, and required the prosecution to be brought within two years after the date of the child’s birth, the limitation of the amendment cannot be held to apply to cases arising before the passage thereof.</p>