Commonwealth v. Staten

WICKERSHAM, Judge:

In a per curiam order the Supreme Court of Pennsylvania on June 21, 1985, 508 Pa. 77, 494 A.2d 1049, remanded this case to us “for consideration of the merits of the double jeopardy issue in view of” Commonwealth v. Zoller, 507 Pa. 344, 490 A.2d 394 (1985). We must now determine whether the lower court’s grant of a demurrer was proper.

A demurrer to the evidence requires a court to accept as true the evidence presented by the Commonwealth and view that evidence, together with all reasonable inferences therefrom, in a light most favorable to the Commonwealth; then determine…