COM. v. RHODES


354 Pa.Super. 24 (1986)

510 A.2d 1259

COMMONWEALTH of Pennsylvania, Appellant, v. Edward RHODES, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. Timothy COHN, Appellee.

Supreme Court of Pennsylvania.

Filed June 23, 1986.


Attorney(s) appearing for the Case

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Com., appellant.

John H. Corbett, Jr., Public Defender, Pittsburgh, for Rhodes, appellee.

Mark H. Rubenstein, Pittsburgh, for Cohn, appellee.

Before OLSZEWSKI, HOFFMAN and ROBERTS, JJ.


OLSZEWSKI, Judge:

This appeal comes before us on behalf of the Commonwealth challenging the decision of the lower court to sustain appellees' demurrer to charges of attempted burglary and possession of instruments of a crime. For the reasons to be discussed, we find it necessary to affirm the judgment and dismiss the Commonwealth's appeal.

In moving for a demurrer, appellees admitted all the facts which the Commonwealth's evidence tended to prove and all inferences...

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