Commonwealth v. Driver

WIEAND, Judge:

William Driver was tried nonjury and was found guilty of robbery, conspiracy, theft, simple assault, and unauthorized use of a vehicle. Subsequently the trial court found the evidence insufficient to sustain the verdict, granted a motion in arrest of judgment, and discharged the defendant. The Commonwealth appealed. We reverse.

The effect of a motion in arrest of judgment is to admit all the facts which the prosecution’s evidence tends to prove. Commonwealth v. Combs, 298 Pa.Super. 527, 529, 445 A.2d 113, 114 (1982). In determining the sufficiency of the evidence to sustain a…