Commonwealth v. Bigelow

JOHNSON, Judge:

The Commonwealth appeals an order granting an arrest of judgment on the conviction of James Bigelow for third degree murder. We vacate the order in arrest of judgment on the charge of third degree murder and the judgment of sentence on the charge of criminal conspiracy. We remand for reinstatement of the original verdict and for sentencing thereon.

On July 31, 1989, Bigelow and three other men were standing on the steps of a business establishment owned by Roosevelt Corbin. Corbin testified at trial that the four men were threatening to engage in a fight with the victim, Vance…