COMMONWEALTH v. IRISH, et al.


238 Pa.Super. 415 (1976)

Commonwealth, Appellant, v. Irish, et al.

Superior Court of Pennsylvania.

February 2, 1976.


Attorney(s) appearing for the Case

Charles W. Johns and Robert L. Eberhardt, Assistant District Attorneys, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellant.

Jon C. Botula, for appellees.

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


OPINION BY VAN DER VOORT, J., February 2, 1976:

This is an appeal by the Commonwealth from an Order of the lower court sustaining appellees' demurrers, which were offered at the conclusion of the Commonwealth's case in chief. The charges against appellees alleged their participation in the maintenance of an unlawful numbers operation and possession of numbers slips.

The Commonwealth clearly has the right...

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