Commonwealth v. Stetska
Superior Court of Pennsylvania
Appeal, No. 7, April T., 1918, by plaintiff, from order of Q. S. Greene Co., March T., 1917, No. 10, by plaintiff, arresting judgment in case of Commonwealth v. Charles Stetska et al. Motion in arrest of judgment. Before Ray, P. J. The opinion of the Superior Court states the case. Errors assigned were (1) in arresting the judgment (2) in refusing to require defendants to give bail pending appeal.
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Appeal, No. 7, April T., 1918, by plaintiff, from order of Q. S. Greene Co., March T., 1917, No. 10, by plaintiff, arresting judgment in case of Commonwealth v. Charles Stetska et al. Motion in arrest of judgment. Before Ray, P. J. The opinion of the Superior Court states the case. Errors assigned were (1) in arresting the judgment (2) in refusing to require defendants to give bail pending appeal. Arrest of judgment must arise from intrinsic causes appearing on the face of the record: Com. v. Weaver, 61 Pa. Superior Ct. 571; Com. v. Gurley, 45 Pa. 392. No valid reason, for quashing or…
1Opinion of the Court
Opinion by
Trexler, J.,
After a verdict of guilty of aggravated assault and battery against the appellees, the court below arrested the judgment. The appellees contend that the order arresting the judgment is interlocutory and not subject to review. The contrary has been decided. For error in arresting judgment after verdict of guilty the Commonwealth may remove the record for review: Com. v. Pflaum, 48 Pa. Superior Ct. 370, and cases therein cited.
We agree with the appellant that an arrest of judgment must arise from intrinsic causes appearing on the face of the record. In the argument the…
2Cases cited2 opinions
- Commonwealth v. BartilsonSupreme Court of Pennsylvania · 1877
- Commonwealth v. PflaumSuperior Court of Pennsylvania · 1911