Commonwealth v. Bishop
Superior Court of Pennsylvania
Commonwealth v. Bishop, 69 Pa. Super. 435 (1918)
1918 Pa. Super. LEXIS 103
Head, Henderson, Kephart, Orlady, Porter, Trexler, Williams
Commonwealth v. Bishop
Opinion of the Court
Opinion by
The defendant, after a verdict of guilty, moved for a new trial and in arrest of judgment. The court refused to arrest the judgment but granted a new trial. This set aside the verdict, and the proceedings in arrest of judgment fell with it. There is nothing from which to appeal: Lance v. Bonnell, 105 Pa. 46.
The appeal is quashed.
Reference
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Criminal law — Arrest of judgment — New trial — Appeals. Where, after a verdict of guilty in a criminal prosecution, the court grants a new trial, but refuses to arrest the judgment, the granting of a new trial sets aside the verdict, and the proceedings in arrest of judgment fall with it. There is therefore no basis for an appeal by the defendant from the order refusing to arrest the judgment.