Commonwealth v. Herstine

LIPEZ, Judge:

This is an appeal by the Commonwealth from the grant of defendant’s motion in arrest of judgment. A written complaint had been filed on June 27,1977, against the defendant charging her with retail theft, second offense. The information filed on September 9, 1977, failed to mention second offense. Before trial the Commonwealth requested and was granted leave to amend its information to include second offense in the description of the crime. In a jury trial the defendant was convicted of the amended charge. The defendant then filed motions for a new trial and in arrest of judgment.…