Commonwealth v. Helms

Kohler, J.,

In this case, defendant was indicted and went to trial for the crime of “open lewdness”. At the conclusion of the Commonwealth’s case defendant, through his counsel, entered a de-r murrer to the evidence of the Commonwealth. We sustained defendant’s demurrer to the evidence of the Commonwealth, and the latter has appealed to the Superior Court from such ruling. We file this statement of our reasons for such ruling, in accordance with Rule 46 of the Rules of the Superior Court of Pennsylvania.

The Act of June 24, 1939, P. L. 872, sec. 519, 18 PS §4519, under which defendant was…