Commonwealth v. Petrie

CERCONE, President Judge:

On May 15, 1978, defendant-appellee, Steven M. Petrie, stood trial in Chester County on charges of robbery 1 and conspiracy. 2 The trial judge, President Judge Domenic T. Marrone, sitting without jury, sustained appellee’s demurrer to the robbery charge and found Petrie not guilty of conspir acy. The Commonwealth now appeals from the trial court’s sustaining of Petrie’s demurrer, arguing essentially that the lower court acted inconsistently when it allowed the conspiracy charge to go to verdict, but sustained a demurrer to the robbery charge. 3 After careful review,…