Commonwealth v. Slout

CAVANAUGH, Judge:

The Commonwealth has appealed from an order of the trial court which granted the defendant’s motion in arrest of judgment. Following a jury trial, appellee, Donald Slout, was found guilty of driving under the influence of alcohol or a controlled substance, 1 simple assault, 2 and resisting arrest. 3 The appellee filed a motion in arrest of judgment and motion for a new trial. The trial judge granted the appel-lee’s motion in arrest of judgment as to the charge of driving under the influence but denied the motion in arrest of judgment and motion for a new trial as to the…