Commonwealth v. Berardi

Appellee was charged with one count of gambling devices1 and proceeded to trial without a jury. At the close of the Commonwealth’s case, the trial court sustained appellee’s demurrer. The Commonwealth filed a motion for reconsideration which was denied, and this appeal followed. The issue presented for our consideration is whether the trial court erroneously granted appellee’s demurrer where the evidence was sufficient to establish that he maintained a device for gambling purposes.2

In ruling on a demurrer, the court must determine whether the evidence, if credited by the factfinder, is…