Commonwealth v. Green

Opinion by

Jacobs, J.,

The issue in this case is whether a demurrer was properly sustained on a bill of indictment charging the defendant, Joseph Green, with the crime of rape.

On December 30, 1966, the defendant pleaded not guilty and waived a jury trial on three bills of indictment charging rape, sodomy, and carrying a concealed deadly weapon. At the close of the Commonwealth’s case, the Hon. Juanita Kidd Stout sustained a demurrer on the bill charging rape. 1 The Commonwealth has appealed. We must reverse.

A lower court order sustaining a demurrer to the Commonwealth's evidence in a criminal…