Commonwealth v. Fierst

SPAETH, Judge:

Appellee was charged with criminal attempt 1 to commit theft. He pleaded not guilty and waived jury trial. At the close of the Commonwealth’s case, the lower court sustained appellee’s demurrer to the evidence, and the Commonwealth has appealed. 2

The lower court stated that its reason for sustaining the demurrer was that the information filed against appellee was incomplete in that it did not contain “a plain and concise statement of the essential elements of the offense substantially the same as or cognate to the offense alleged in the complaint . . ..” Pa.R.Crim.P. 225(b)(5).…