Commonwealth v. Johnson

TAMILIA, Judge.

In this appeal by the Commonwealth, we are asked to determine the correct standard of review on a motion to arrest judgment, and under the appropriate standard of review, to determine whether the trial court erred in arresting judgment on defendant’s conviction for third degree murder. Finding, under the applicable case law and the specific facts of this case, that the trial court erred, we vacate the Order arresting judgment for third degree murder, and we remand for reinstatement of the original verdict and imposition of sentence thereon.

The factual and procedural history of…