Commonwealth v. Bowman

Citations

• 51 Pa. Super. 330
• 1912 Pa. Super. LEXIS 222

Syllabus

<p>Husband and wife — Desertion—Order for support — Discharge after imprisonment — Acts of April IS, 1867, P. L. 78, April 15, 1869, P. L. 75, and June IS, 1883, P. L. 99.</p> <p>Where an order of support has been made upon a husband under the Act of April 13, 1867, P. L. 78, and he has served an imprisonment of three months for noncompliance with the order, he is entitled to be discharged from imprisonment if he satisfies the court of his inability to comply with the sentence. No particular form is prescribed by the statute in which the application for such discharge must be made. The mere fact that the applicant attaches to his application the schedules required by the Act of June 13, 1883, P. L. 99, does not defeat his right to a discharge under the Act of April 15, 1869, P. L. 75; nor is a discharge rendered invalid by the fact that the order of discharge contains a stipulation that the applicant must satisfy the county commissioners of the truth of his statement that he had no property and was unable to comply with the sentence of the court.</p>