Commonwealth v. Eberhardt

JOHNSON, Judge:

Appellant was found guilty, following a non-jury trial, of Resisting Arrest 1 and placed on one year probation. On appeal, he raises two issues: (1) that the lower court erred in denying his motion for demurrer because the Commonwealth failed to prove an essential element of the crime, i.e., a lawful arrest, and (2) that the evidence was insufficient to support the verdict.

Because of our disposition of this case, we need only consider the second issue, concerning the sufficiency of the evidence to sustain the verdict. The test is whether, reading the evidence in the light most…