Commonwealth v. Carter

VAN der VOORT, Judge:

This case involves an appeal by the Commonwealth from orders of the trial judge sustaining appellee’s demurrer at the end of a jury trial to charges of robbery (Bill No. 45) and criminal conspiracy (No. 44).

The appellee, William N. Carter, was one of three men who entered a gas station at Broad and Diamond Streets in Philadelphia on October 30, 1977 at about 3:00 A.M., and who ran from the premises shortly after one of the three brandished a revolver and took from the attendant some $230.

The question to be resolved is whether there was sufficient evidence to carry the…