Commonwealth v. Hallman

VAN der VOORT, Judge:

Appeal is taken from the December 6,1976, Order wherein the lower court granted appellees’ motions in arrest of judgment and provided that “if the granting of the Motions in Arrest of Judgment is disturbed on appeal, it is further hereby Ordered and Decreed that the defendants’ Motions for a New Trial are granted.” (BIUNNO, Judge). We agree with the lower court in its decision to arrest judgment, and therefore need not consider appellees’ motions for a new trial. Further, because only the failure to give prior notice to the defendants of the submitting to the indicting…