Commonwealth v. Katz

Opinion by

Woodside, J.,

This is an appeal by the Commonwealth from a finding of not guilty entered by the Court of Quarter Sessions of Allegheny County after a trial without a jury. Ordinarily the Commonwealth cannot appeal from a finding of not guilty, but there are exceptions. Commonwealth v. Obenreder, 144 Pa. Superior Ct. 253, 19 A. 2d 497 (1941); Commonwealth v. Kerr, 150 Pa. Superior Ct. 598, 29 A. 2d 340 (1942).

The Act of May 19, 1874, P. L. 219, §1, 19 P.S. §1188, provides, inter alia, “. . . in cases charging the offence of nuisance or forcible entry and detainer, or forcible…