Commonwealth v. Stetska
Commonwealth v. Stetska
Opinion of the Court
Opinion by
After a verdict of guilty of aggravated assault and battery against the appellees, the court below arrested the judgment. The appellees contend that the order arresting the judgment is interlocutory and not subject to review. The contrary has been decided. For error in arresting judgment after verdict of guilty the Commonwealth may remove the record for review: Com. v. Pflaum, 48 Pa. Superior Ct. 370, and cases therein cited.
We agree with the appellant that an arrest of judgment must arise from intrinsic causes appearing on the face of the record. In the argument the Commonwealth’s counsel states that unless the appellees’ first reason therein, to wit, “that the indictment should have
After the court arrested the judgment the defendants were released on their own recognizances. This is alleged to have been error. In Com. v. Bartilson, 85 Pa. 482, the district attorney, as in this case, gave notice of his intention to remove the record to the appellate court. The court declined to require the defendants to renew their recognizances. In an opinion by Paxson, J., page 490, we find, “This action of the court is not assignable for error. It was in the sound discretion of the court either to hold the defendants to bail pending the certiorari or writ of error, to hold them in their own recognizance, or to discharge them without day, and such action is not reviewable here, except perhaps, for a gross abuse of discretion.”
All the assignments of error are overruled and the order is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.