Commonwealth v. Rightley

OLSZEWSKI, Judge:

This is an appeal from an order arresting judgment against defendant, John Rightley [hereinafter “Rightley”]. After the third trial on the matter, a jury convicted Rightley of two counts each of simple assault and aggravated assault. Rightly asserted in post-trial motions that the third trial violated his double jeopardy rights, and that the evidence at trial was insufficient to sustain a conviction for aggravated assault. The trial court arrested judgment on the aggravated assault charges, agreeing that the evidence was insufficient. The Commonwealth appeals that…