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COM. v. TRAINOR

252 Pa.Super. 332 (1977)

381 A.2d 944

COMMONWEALTH of Pennsylvania, Appellant, v. Joseph N. TRAINOR, Sr.

Superior Court of Pennsylvania.

Decided December 28, 1977.

Attorney(s) appearing for the Case

Sheryl Ann Dorney, Assistant District Attorney, with her Donald L. Reihart, District Attorney, York, for Commonwealth, appellant.

Thompson J. McCullough, Assistant Public Defender, York, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

CERCONE, Judge:

This is an appeal by the Commonwealth from an order of the court below sustaining a demurrer1 to a charge of involuntary manslaughter arising from a fatal motor vehicle accident on Route 74 in York County.

In reviewing a lower court order sustaining a demurrer "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...

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