Commonwealth v. Duchnicz
Superior Court of Pennsylvania
Appeal, No. 43, March T., 1915, by plaintiff, from order of 0. & T. Lackawanna Co., Oct. T., 1912, No. 25, arresting judgment in case of Commonwealth v. Alex Duchnicz. Indictment for common-law rape. Before Pbatheb, P. J., specially presiding. The record showed that the defendant'at the trial was convicted of the offense charged. Subsequently the court arrested the judgment upon the sole ground that the evidence was insufficient in law to sustain the verdict.
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Appeal, No. 43, March T., 1915, by plaintiff, from order of 0. & T. Lackawanna Co., Oct. T., 1912, No. 25, arresting judgment in case of Commonwealth v. Alex Duchnicz. Indictment for common-law rape. Before Pbatheb, P. J., specially presiding. The record showed that the defendant'at the trial was convicted of the offense charged. Subsequently the court arrested the judgment upon the sole ground that the evidence was insufficient in law to sustain the verdict. Error assigned was the order arresting the judgment.
1Opinion of the Court
Opinion by
Rice, P. J.,
Arrest of judgment is the act of a court by which the judges refuse to give judgment, because upon the face of the record it appears that the plaintiff is not entitled to it: Bouvier’s L. D., Rawle’s Ed. The court arrested judgment' in this case upon the sole ground that the evidence was insufficient in law to sustain the verdict. No other reason can be found in the record and none other is suggested. The question as to the power of the court to do this has been settled beyond controversy. Thus in Delaware Division Canal Co. v. Com., 60 Pa. 367, the court said: “The rule…
2Cases cited6 opinions
- Delaware Division Canal Co. v. CommonwealthSupreme Court of Pennsylvania · 1869
- Commonwealth v. HanleySuperior Court of Pennsylvania · 1900
- Pauli v. CommonwealthSupreme Court of Pennsylvania · 1879
- Commonwealth v. GurleySupreme Court of Pennsylvania · 1863
- Commonwealth v. WalkerSuperior Court of Pennsylvania · 1907
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