Commonwealth v. Stores

SPAETH, Judge:

This is an appeal from a judgment of sentence for theft and criminal conspiracy. Appellant argues that the lower court erred in refusing to grant his motion in arrest of judgment. 1 We agree and therefore vacate the judgment of sentence and order appellant discharged.

The charges arise from a theft of jewelry. At the close of the Commonwealth’s case, counsel for appellant demurred to the evidence. When the trial judge overruled the demurrer, counsel offered no evidence. The jury returned a verdict of guilty on both counts—theft by unlawful taking, and criminal conspiracy.

On…