Commonwealth v. Poindexter , 484 Pa. 472 ( 1979 )

MANDERINO, Justice,

concurring.

The majority states that since the prosecution failed to appeal the “adverse ruling of the Court of Common Pleas,” it is bound by that ruling. However, one appeals from orders of the Court of Common Pleas and since the order found the trial evidence insufficient but ordered a new trial, the order itself was not adverse to the prosecution. However, since the evidence was insufficient to sustain the charge, I agree with the discharge of appellant. Commonwealth v. Wright, 449 Pa. 358, 296 A.2d 746 (1972); Commonwealth v. Bigelow, 484 Pa. 476, 485—486, 399 A.2d 392, 396 (1979) (Roberts, J., dissenting).