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COMMONWEALTH v. KELLY

237 Pa.Super. 468 (1975)

Commonwealth, Appellant, v. Kelly. Commonwealth, Appellant, v. Wilde.

Superior Court of Pennsylvania.

December 1, 1975.

Attorney(s) appearing for the Case

Louis R. Paulick and Robert L. Eberhardt, Assistant District Attorneys, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellant.

John R. Cook, Trial Defender, John J. Dean, Chief, Appellate Division, and Ralph J. Cappy, Public Defender, for appellees.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY PRICE, J., December 1, 1975:

This appeal by the Commonwealth questions the propriety of the lower court's action in granting demurrers to the charges of armed robbery1 filed against both appellees, co-defendants below.2

The standard in ruling on a demurrer is whether the evidence of record and the inferences reasonably drawn therefrom...

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