Commonwealth v. Rhodes

OLSZEWSKI, Judge:

This appeal comes before us on behalf of the Commonwealth challenging the decision of the lower court to sustain appellees’ demurrer to charges of attempted burglary and possession of instruments of a crime. For the reasons to be discussed, we find it necessary to affirm the judgment and dismiss the Commonwealth’s appeal.

In moving for a demurrer, appellees admitted all the facts which the Commonwealth’s evidence tended to prove and all inferences reasonably deducible from those facts. Commonwealth v. Wimberly, 488 Pa. 169, 411 A.2d 1193 (1979); Commonwealth v. Long, 467 Pa.…