Commonwealth v. Matsinger

HOFFMAN, Judge:

The Commonwealth contends that the lower court erred in sustaining appellee’s demurrer because the evidence was sufficient to warrant an inference that appellee had been driving while his license was suspended and while he was under the influence of alcohol. We agree and, accordingly, reverse the order of the lower court and remand for further proceedings.

It is well settled that the Commonwealth may appeal from an order sustaining a demurrer in a criminal case because the only question presented is one of law. See, e.g., Commonwealth v. Wimberly, 488 Pa. 169, 171, 411 A.2d…