Opinion

Commonwealth v. Berardi

348 Pa. Super. 338
502 A.2d 237
1985 Pa. Super. LEXIS 10531

Court: Superior Court of Pennsylvania
Filed: Dec 20, 1985
Status: Published
Author: Olszewski
On the bench: Files, Montgomery, Olszewski, Popovich
Cited by: 1 cases
Authority: More cited than 7.5%

The opinion

OLSZEWSKI, Judge,

dissenting:

I respectfully dissent. “The test to be applied in ruling on a demurrer is whether, accepting as true all of the prosecution’s evidence and all reasonable inferences therefrom, it is sufficient to support a finding by the fact-finder that the defendant is guilty beyond a reasonable doubt.” Commonwealth v. Turner, 491 Pa. 620, 622 , 421 A.2d 1057, 1058 (1980). Because the evidence in this case was sufficient to support such a finding, the demurrer should not have been granted.

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