Commonwealth v. Marino

Keller, P. J.,

Opinion by

The disposition of this appeal requires consideration of the Act of June 5, 1937, P. L. 1703, entitled “An act relating to criminal prosecutions; limiting the effect of demu'rrers by defendants at the close of the cases of the Commonwealth.” The act is printed in the margin.

Before the passage of this act, when a defendant demurred to the evidence at the close of the Commonwealth’s case, it did not become effective unless the Commonwealth joined in the demurrer, either expressly 2 or tacitly, by necessary implication. 3

If joined in by the Commonwealth, the effect of the…