For the reasons indicated in its reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the facts charged in this case constituted a case where there is no proof of crime.

In light of the record, the lower court did not err by misapprehending the rules of experience or evidence, even if examining the record.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.