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COM. v. CARTER

482 Pa. 274 (1978)

393 A.2d 660

COMMONWEALTH of Pennsylvania v. James CARTER, Appellant. COMMONWEALTH of Pennsylvania v. Charles BOZARTH, Appellant. COMMONWEALTH of Pennsylvania v. Robert DULANEY, Appellant.

Supreme Court of Pennsylvania.

Decided November 6, 1978.

Attorney(s) appearing for the Case

Defender Assn. of Phila., Benjamin Lerner, Defender, Elaine DeMasse, Asst. Defender, John W. Packel, Chief, Appeals Div., Philadelphia, for appellants.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Michael R. Stiles, Asst. Dist. Atty., Chief, Appeals Div., Gaele McLaughlin Barthold, Philadelphia, for appellee.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and PACKEL, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

In unrelated proceedings, each appellant was indicted for multiple offenses, including burglary, but not including criminal trespass.1 Each was tried before a court sitting without a jury and each was convicted, inter alia, for the unindicted offense of criminal trespass. Only the convictions for criminal trespass were appealed. The Superior Court upheld each conviction.

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