Commonwealth v. Powell

OPINION

NIX, Chief Justice.

In 1987, Donald Powell, appellee, was found guilty of burglary, trespass, simple assault, and related crimes. After the adjudication of appellee’s guilt, the trial court sua sponte granted the appellee’s motion for a new trial, “in the interest of justice.” The Commonwealth appealed and the Superior Court affirmed the action of the trial court, concluding that since the issues raised on appeal were a mixture of law and fact, the Commonwealth lacked jurisdiction to appeal. We granted allocatur to address the following issues: first, whether the granting of a new trial…