# Commonwealth v. Berardi

> Superior Court of Pennsylvania · December 20, 1985 · 348 Pa. Super. 338

URL: https://www.frixlaw.com/law-library/cases/6307626

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Enrico BERARDI
- **Court:** Superior Court of Pennsylvania
- **Decided:** December 20, 1985
- **Citations:** 348 Pa. Super. 338; 502 A.2d 237; 1985 Pa. Super. LEXIS 10531
- **Precedential status:** Published
- **Opinion:** Dissent by Olszewski
- **Judges:** Files, Montgomery, Olszewski, Popovich
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6307626

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6307626. Public record. Not legal advice.