Commonwealth v. Souder

101 A.2d 693, 376 Pa. 78, 1954 Pa. LEXIS 415

Opinions

Opinion by

Mr. Justice Chidsey,

This is an appeal from the decision of the Superior Court reported at 172 Pa. Superior Ct. 463, 94 A. 2d 136, which reversed the order of the Court of Quarter Sessions of Allegheny County sustaining motions in arrest of judgment made by the defendants following their conviction by a jury of conspiracy and fraudulent conversion. The Superior Court entered the following judgment: “The order is reversed, the verdicts are reinstated, and the defendants are ordered to appear in the court below for sentence at such time as the court shall direct.”.

In addition to their motions in arrest of judgment, defendants moved for a new trial. The lower court made no disposition of the latter motions, stating that because of its arrest of the judgments, it was unnecessary to consider the motions for new trial.

For the reasons given by tbe late Judge Dithrich in bis opinion for tbe Superior Court, we will affirm its conclusion that tbe lower court erred in sustaining tbe motions in arrest of judgment but we must reverse tbe action of tbe Superior Court in directing the defendants to appear for sentence, for tbe reason that defendants’ motions for new trial remain undisposed of.

Accordingly, tbe judgment of tbe Superior Court •reversing tbe lower court’s order sustaining defendants’ motion in arrest of judgment is affirmed, with direction that tbe record be remanded to tbe lower court for disposition of the defendants’ motions for new trial.