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COMMONWEALTH v. ZERINGO

214 Pa.Super. 300 (1969)

Commonwealth, Appellant, v. Zeringo.

Superior Court of Pennsylvania.

June 12, 1969.

Attorney(s) appearing for the Case

John J. Collins, Assistant District Attorney, with him Ward F. Clark, District Attorney, for Commonwealth, appellant.

H. Huhn, with him Peter J. Verderame, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION BY JACOBS, J., June 12, 1969:

On June 5, 1967, a fourteen year old boy riding a bicycle was killed when struck by an automobile driven by appellee. Appellee was indicted for involuntary manslaughter and went to trial before a judge and jury in Bucks County. At the close of the Commonwealth's testimony the trial judge sustained a demurrer to the evidence and the Commonwealth appealed.

In determining the validity of a demurrer in a criminal case, the...

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