OPINION BY MONTGOMERY, J., December 14, 1967:
This is an appeal by the Commonwealth from the order of the court below sustaining the demurrers of the defendants Lee Mason and Frank M. Durden, on charges of armed robbery and receiving stolen goods. The case was tried before Hon. ARNOLD D. SMORTO, President Judge, specially presiding, without a jury. Although in his opinion, written later, the trial judge states, "we were treating our decision on the demurrer as a verdict...
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