Commonwealth v. Zoller

JOHNSON, Judge:

Appellant was arrested and charged with aggravated assault, 1 simple assault, 2 recklessly endangering another person, 3 and criminal conspiracy. 4 Trial was conducted, without a jury, before Judge Frank E. Reed. At the close of the prosecution’s case, defense counsel’s demurrer was sustained as to all counts. The Commonwealth here appeals from the order sustaining such demurrer.

“The test to be applied in ruling on a demurrer is whether, accepting as true all of the prosecution’s evidence and all reasonable inferences therefrom, it is sufficient to support a finding by the fact…