COMMONWEALTH v. NYDES


232 Pa.Super. 482 (1975)

Commonwealth, Appellant, v. Nydes.

Superior Court of Pennsylvania.

March 31, 1975.


Attorney(s) appearing for the Case

Robert L. Eberhardt, Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellant.

Elmer S. Beatty, Jr., and Ecker and Associates, for appellee.

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


OPINION BY WATKINS, P.J., March 31, 1975:

This is an appeal by the Commonwealth from the order of the Court of Common Pleas of Allegheny County, Criminal Division which sustained appellee's demurrer to the evidence.

The appellee, Lynn Frank Nydes, was charged with burglary, larceny and receiving stolen goods. The testimony may be briefly stated as follows: At approximately 2:45 A.M. on the morning of October 28, 1972, Carl Osterholm, owner of Carl's Corner...

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