Commonwealth v. Rodgers

Opinion by

Price, J.,

This is an appeal by the Commonwealth from the sustaining of a demurrer to its evidence in a non-jury case in which the defendant-appellee was accused and indicted on a bill alleging four (4) counts of Maintaining a Gambling Establishment under 18 Pa. C.S. ISólS. 1 In its pertinent part it is provided that:

“A person is guilty of a misdemeanor of the first' degree if he:(2) allows persons to collect and assemble for the purpose of unlawful gambling at any place under his control;

The standard to be applied in ruling upon a demurrer is whether the evidence is sufficient to…