Commonwealth v. Baker

CERCONE, President Judge:

This is an appeal by the Commonwealth from the order of the Court of Common Pleas in Perry County which granted the defendant’s motion for a demurrer. Finding the Commonwealth’s contentions to be without merit, we affirm the decision of the court below for the reasons stated by the Honorable Keith B. Quigley, President Judge, in his opinion of August 29, 1979.

Our Supreme Court has recently held that in order “[t]o avoid a demurrer in a criminal prosecution, the Commonwealth must come forward with evidence which establishes beyond a reasonable doubt each element of the…