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348 Pa. Super. 338

Commonwealth v. Berardi

Superior Court of Pennsylvania

Decided December 20, 1985

Superior Court of Pennsylvania · decided 1985-12-20

Cited by 1 later decisions — most recently October 1988

1 state decisions

Relies on Commonwealth v. Turner

Good law ✅— No negative treatment on recordhow we know

Decided 1985-12-20

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OLSZEWSKI, Judge,

¶1dissenting:

¶2I respectfully dissent. “The test to be applied in ruling on a demurrer is whether, accepting as true all of the prosecution’s evidence and all reasonable inferences therefrom, it is sufficient to support a finding by the fact-finder that the defendant is guilty beyond a reasonable doubt.” Commonwealth v. Turner, 491 Pa. 620, 622, 421 A.2d 1057, 1058 (1980). Because the evidence in this case was sufficient to support such a finding, the demurrer should not have been granted.

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