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COM. v. SMITH

283 Pa.Super. 360 (1981)

423 A.2d 1296

COMMONWEALTH of Pennsylvania, Appellant, at Nos. 591, 592, v. Keith David SMITH, Appellant, at No. 620. Appeal of Joseph Isaiah GOULD, at No. 621.

Superior Court of Pennsylvania.

Filed January 5, 1981.

Attorney(s) appearing for the Case

John Lee Brown, Jr., Assistant District Attorney, Beaver, for Commonwealth, appellant in Nos. 591 and 592 and appellee in Nos. 620 and 621.

Harry E. Knafelc, Assistant Public Defender, Beaver, for appellant in No. 620 and appellee in No. 591.

John P. Donhanich, Assistant Public Defender, Beaver, for appellant in No. 621 and appellee in No. 592.

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

WATKINS, Judge:

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Beaver County granting defendants-appellants motion for a demurrer.

The sole question is whether the Commonwealth presented sufficient evidence at trial so as to enable a finder of fact to decide whether defendants committed the robbery which was the subject matter of the charges on which they were tried.

On the evening of October 23, 1975, the Sun Drug...

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