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COM. v. FIERST

257 Pa.Super. 440 (1978)

390 A.2d 1318

COMMONWEALTH of Pennsylvania, Appellant, v. Gerard J. FIERST, Jr.

Superior Court of Pennsylvania.

Decided July 12, 1978.

Attorney(s) appearing for the Case

Robert L. Eberhardt, Assistant District Attorney, and Robert E. Colville, District Attorney, Pittsburgh, for Commonwealth, appellant.

John R. DeAngelis, Pittsburgh, for appellee.

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

SPAETH, Judge:

Appellee was charged with criminal attempt1 to commit theft. He pleaded not guilty and waived jury trial. At the close of the Commonwealth's case, the lower court sustained appellee's demurrer to the evidence, and the Commonwealth has appealed.2

The lower court stated that its reason for sustaining the demurrer was that the information filed against appellee

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