Commonwealth v. Fallon

NYGAARD, J.,

Defendant Gary Fallon was convicted by a jury of simple assault and has now filed a motion for a new trial and in the alternative, a motion for arrest of judgment. For the reasons which follow we grant the latter.

An examination of the facts in the light most favorable to the verdict winner, the Commonwealth, reveals the following:

Eugene Walczak, an official from the Children’s Services of Erie County, visited defendant’s home in his official capacity. He displayed proper governmental identification, and although he had no right to demand entrance to defendant’s home, defendant’s…