Commonwealth v. Nelson

*495CERCONE, President Judge:

I dissent.

While I agree with the majority that there are many ways by which the Commonwealth might have proved appellant’s age, I do not find these to be dispositive of appellant’s contention in the instant case, where the trial judge, sitting as a factfinder, specifically and singly listed appellant’s pre-trial colloquy as the court’s basis for finding appellant to be over eighteen. Though the general rule is that a judge, as factfinder, is presumed to disregard inadmissible evidence and consider only competent evidence, Commonwealth v. Davis, 491 Pa. 363, 421 A.2d…