Commonwealth v. Owens

Dissenting Opinion by

Mb. Chief Justice Bell :

Defendant was tried on June 12, 1967, without a jury, and was found guilty of receiving stolen goods and sentenced to three years’ imprisonment. Defendant’s motion for arrest of judgment and a discharge, or in the alternative a new trial, was denied by the lower Court. The Superior Court affirmed, per curiam, and Ave granted allocatur.

Considering defendant’s motion for arrest of judgment, the evidence presented at defendant’s trial, -viewed, as it must be, in the light most favorable to the Commonwealth—Commonwealth v. Schmidt, 437 Pa. 563, 263 A.…