Commonwealth v. Smith

WATKINS, Judge:

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Beaver County granting defendants-appellants motion for a demurrer.. The sole question is whether the Commonwealth presented sufficient evidence at trial so as to enable a finder of fact to decide whether defendants committed the robbery which was the subject matter of the charges on which they were tried.

On the evening of October 23,1975, the Sun Drug Store in Beaver Falls was the scene of a robbery. As Theresa Alberti, a clerk in the store, was locking the front door a black male entered the…