Commonwealth v. Jackson

Opinion by

Jacobs, J.,

This case presents two issues: whether in a criminal case a motion in arrest of judgment may be granted for insufficient evidence upon a record diminished by exclusion of certain evidence actually received; and whether such a motion may be granted for reasons, not appearing on the record’s face, of judicial economy, protection of a defendant, and judicial fairness.

On October 20, 1970, detectives of the Philadelphia district attorney’s office obtained and executed a search warrant for a house in Philadelphia occupied by the defendant and his wife. One of the officers…