Commonwealth v. Kurtz

WIEAND, J.,

George Kurtz was tried before a jury and found guilty of malicious use of telephone, a misdemeanor. The only evidence at the trial was that produced by the Commonwealth, and it is now before the court en banc for review on defendant’s motion in arrest of judgment.

In passing upon such motion, the evidence must be read in the light most favorable to the Commonwealth, and it is entitled to all reasonable inferences arising therefrom. Moreover, in passing upon such a motion, all evidence actually received must be considered, whether the trial rulings thereon were right or wrong:…