Commonwealth v. Blue Coal Corp.

HOURIGAN, J.,

This case is before the court on defendant’s motion in arrest of judgment. Defendant had been found guilty of the crime of maintaining a public nuisance and filed motions in arrest of judgment and for new trial. However, at argument and in its brief, defendant pursued only three of its assigned reasons in its motion in arrest of judgment, namely: (1) The indictment returned in this case is patently defective in that there is a fatal variance between the charges and the indictment returned by the grand jury; (2) the evidence was insufficient as a matter of law to sustain the…