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COMMONWEALTH PENNSYLVANIA v. FREDERICK LEE BARCLAY (01/31/86)

SUPERIOR COURT OF PENNSYLVANIA


January 31, 1986

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
FREDERICK LEE BARCLAY

Appeal from the Order March 18, 1985, in the Court of Common Pleas of Perry County, Criminal No. 224 of 1984.

Before: Wieand, Olszewski, and Watkins, JJ.

Per Curiam.

Order Affirmed.

Disposition

Order affirmed.

CONCURRING STATEMENT BY WIEAND, J.

I concur. I continue to be of the opinion that the Commonwealth cannot appeal from a mid-trial determination that its evidence is insufficient to support a conviction. See: Commonwealth v. Smalis, 331 Pa. Super. 307, 480 A.2d 1046 (1984), rev'd sub nom, Commonwealth v. Zoller, 507 Pa. 344, 490 A.2d 394 (1985), cert. granted sub nom, Smalis v. Pennsylvania, U.S. , 106 S.Ct. 307, 88 L.Ed.2d 285 (1985).

19860131

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