Commonwealth v. Miller

FORD ELLIOTT, Judge:

Appellant was convicted under 18 Pa.C.S.A. § 4304, endangering welfare of children, following a non-jury trial. Upon conviction, appellant moved in timely fashion to arrest judgment and for a new trial. The trial Court denied these motions and appellant was thereafter sentenced to two years reporting probation. This appeal ensued. For the reasons which follow, we reverse the trial Court’s denial of the Motion to Arrest Judgment.

The relevant facts are straightforward and thoroughly tragic. On the evening of November 18, 1989, appellant took her twenty-two month old son,…