Commonwealth v. Pflaum

Citations

• 48 Pa. Super. 370
• 1911 Pa. Super. LEXIS 387

Syllabus

<p>Appeals — Criminal law — Arrest of judgment — Final decree — Ambiguous decree.</p> <p>1. While for error in arresting judgment, after verdict of guilty, the commonwealth may remove the record for review, it must appear in fact that the decree appealed from is a final one. If the decree is ambiguous, so that it cannot be determined definitely whether it is interlocutory or not, it will be set aside.</p> <p>2. Where on a motion in arrest of judgment and on a rule for a new trial, the court below makes this order, “The motion in arrest of judgment is granted, and the rule for a new trial is made absolute,” the appellate court will set aside the order because of its ambiguity and remit the case to the court below for further proceedings upon the two motions.</p>