COMMONWEALTH v. JOYCE

Evidence — Sufficiency — Date of birth — Identity of birth record — Identity of names and persons — Citizenship — Belief in citizenship — Township commissioner.

1. In a quo warranto proceeding to test respondent's right to hold the office of township commissioner, in which the question of respondent's citizenship depended upon whether respondent had been a minor at the time his father was naturalized, and the date of his birth was in issue, the evidence was held sufficient to identify a birth record, offered on behalf of the relator, as being that of the respondent. [507-9]

2. In such case, the facts that respondent had believed he was a citizen and, acting on that belief, had voted, served in the army, taken the oath of office, and performed other privileges of citizenship, was immaterial in determining his citizenship, and the jury was properly instructed not to determine the case on such facts. [507-9]

3. Identity of name is prima facie evidence of identity of person. [508]

Argued October 4, 1935.

PER CURIAM, November 25, 1935:

Examination of the record in this case fully sustains the conclusion reached by the lower court. The judgment of ouster of appellant from the office of township commissioner for the Sixth Ward of the Township of North Versailles, Allegheny County, is affirmed on the opinion of Judge ELDER W. MARSHALL. Costs to be paid by appellant.