COMMONWEALTH v. BEY


221 Pa.Super. 405 (1972)

Commonwealth, Appellant, v. Bey.

Superior Court of Pennsylvania.

June 16, 1972.


Attorney(s) appearing for the Case

Frederick N. Frank, Assistant Attorney General, with him Carol Mary Los, Assistant District Attorney, Robert W. Duggan, District Attorney, and J. Shane Creamer, Attorney General, for Commonwealth, appellant.

John J. Dean, Assistant Public Defender, with him George H. Ross, Public Defender, for appellee.

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


OPINION BY JACOBS, J., June 16, 1972:

The Commonwealth appeals from an order of the lower court sustaining a demurrer to the evidence at the conclusion of its case against the appellee on a charge of prison breach.

Such an order is appealable by the Commonwealth; the test to be applied by us is whether the evidence of record and the inferences reasonably drawn therefrom would support a guilty verdict, and in making our determination we must read the evidence...

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