Commonwealth v. Mason

Opinion by

Montgomery, J.,

This is an appeal by the Commonwealth from the order of the court below sustaining the demurrers of the defendants Lee Mason and Frank M. Durden, on charges of armed robbery and receiving stolen goods. The case was tried before Hon. Arnold D. Smorto, President Judge, specially presiding, without a jury. Although in his opinion, written later, the trial judge states, “we were treating our decision on the demurrer as a verdict of not guilty”, the record and the docket entries show that demurrers were sustained and no verdicts of not guilty entered.

An order sustaining a…