Commonwealth v. Lee
Commonwealth v. Lee
Opinion of the Court
Following a non-jury trial, appellant was convicted of neglecting to support a bastard child
Under the provision of 18 Pa.C.S.A. § 4323(b), an action for support of a bastard child “must be brought within two years of the birth of the child, except where the reputed father shall have voluntarily contributed to the support of the child, or shall have acknowledged in writing his paternity. . . . ” The criminal complaint initiating this action was dated May 8,1978.- The affiant of the complaint, Gloriousann Blair, alleged that appellant was the natural father of her daughter, Yolanda Marie Blair, born out of wedlock on December 7, 1970. Because the action was not
Although the word “support” is not restricted solely to monetary contributions and also encompasses providing the child with items ordinarily necessary for the child’s care, the single Christmas gift of a dress in the case at bar does not evidence voluntary support within the meaning of the statute. Recently, our Court in Commonwealth v. Singleton, 282 Pa.Super. 406, 422 A.2d 1347 (Super. 1980), reviewed a similar situation arising under the statute in question and concluded that “where only a single payment or contribution has been made, the evidence must show that it was made in circumstances from which it may reasonably be inferred that in making it, the father was recognizing the child as his own.” Id., 282 Pa.Super. at 406, 422 A.2d 1347. In reaching this decision, our Court reasoned that the statute regarded the requirements of voluntary support and acknowledgment of paternity as essentially the same, so that where “the evidence of the circumstances surrounding a voluntary contribution is insufficient to support a finding that the contribution amounted to an acknowledgment of paternity, it may not be held that the contribution extended the period of limitations.” Id. See generally Commonwealth v. Young, 275 Pa.Super. 588, 419 A.2d 57 (1980); Commonwealth v. Boyer, 168 Pa.Super. 16, 76 A.2d 230 (1950); Commonwealth v. Teeter, 163 Pa.Super. 211, 60 A.2d 416 (1948).
Instantly, the evidence surrounding appellant’s gift to the child is insufficient to support a finding that appellant was acknowledging his paternity of the child in presenting her
The order of the lower court is reversed and appellant is discharged.
. The offense of Neglect to Support a Bastard Child is set forth in 18 Pa.C.S.A. § 4323.
. Appellant’s second argument is specifically directed to the admission of this testimony. However, in reversing the case on the basis of the Neglect to Support a Bastard statute, we need not address appellant’s second argument.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.