DocketNumber: Appeal, No. 999
Citation Numbers: 216 Pa. Super. 351
Judges: Cercone, Hoffman, Jacobs, Montgomery, Spaulding, Watkins, Wright
Filed Date: 5/21/1970
Status: Precedential
Modified Date: 2/18/2022
This is an appeal from Judge Palmer’s granting of motions for binding instructions and directing verdicts of acquittal in behalf of appellees. Judge Palmer’s action was predicated upon the Commonwealth’s failure to present evidence on a crucial element of possession of burglary tools, the crime charged. The Judge’s
“As stated by President Judge Keller in Commonwealth v. Obenreder, supra, at 254-255: ‘It is well settled in this State that the Commomvealth cannot appeal from a judgment of acquittal in criminal prosecutions, except in cases of nuisance, forcible entry and detainer, and forcible detainer. . . . And this is so whether the prosecution be by indictment ... or by summary proceeding. . . . And, if the former, it does not matter whether the verdict be rendered by the jury of its own accord or by direction of the court. . . . Such a verdict or judgment of acquittal is not to be confused Avith the quashing of an indictment, or an arrest of judgment following a verdict of guilty, or a judgment sustaining a demurrer to the evidence, which raise only questions of laAV and do not result in a verdict of not guilty or judgment of acquittal, and accordingly in those eases, the Commonwealth may appeal.’ This rule was reiterated by Judge (noAV President Judge) Rhodes in Commonwealth v. Kerr, supra, wherein at 602, he said: ‘[T]he result of the verdict of not guilty is that the
Appeal quashed.