Commonwealth v. Bey

Opinion by

Jacobs, J.,

The Commonwealth appeals from an order of the lower court sustaining a demurrer to the evidence at the conclusion of its case against the appellee on a charge of prison breach.

Such an order is appealable by the Commonwealth; the test to be applied by us is whether the evidence of record and the inferences reasonably drawn therefrom would support a guilty verdict, and in making our determination we must read the evidence in the light most favorable to the Commonwealth. Commonwealth v. Green, 210 Pa. Superior Ct. 482, 233 A. 2d 921 (1967).

The sole witness for the…