Commonwealth v. Tingle

SUGERMAN, Judge:

The Commonwealth has appealed an Order of the Court of Common Pleas of Philadelphia County granting the Defendant-Appellee’s motion in arrest of judgment.

Appellee was convicted at a non-jury trial of burglary, possessing instruments of crime and criminal conspiracy. 1 Posttrial, Appellee filed motions for a new trial and in arrest of judgment, and without ruling on the motion for a new trial, the trial judge, sitting as the court en banc, granted the motion in arrest of judgment.

In his opinion filed pursuant to Pa.R.A.P. 1925(a), the trial judge set forth the basis underlying…