COM. ex rel. MILLER v. DILLWORTH


204 Pa.Super. 420 (1964)

Commonwealth ex rel. Miller v. Dillworth, Appellant.

Superior Court of Pennsylvania.

December 8, 1964.


Attorney(s) appearing for the Case

William D. Miller, for defendant, appellant.

No argument was made nor brief submitted for appellee.

R. Alan Stotsenburg, and Nix, Rhodes & Nix, for amicus curiae.

Gordon Gelfond, Assistant District Attorney, Thomas M. Reed, Chief Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, amicus curiae.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY FLOOD, J., December 8, 1964:

Two questions are before us. 1. Does the Civil Procedural Support Law, Act of July 13, 1953, P.L. 431, as amended, August 14, 1963, P.L. 872, 62 PS § 2043.31 et seq., authorize the determination of the paternity of an illegitimate child by a judge without a jury? 2. If so, does it violate the jury trial guaranties of § 6, or § 9 of art. I of the Constitution...

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