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COM. v. SCHOMAKER

293 Pa.Super. 78 (1981)

437 A.2d 999

COMMONWEALTH of Pennsylvania, Appellant, v. Richard C. SCHOMAKER. COMMONWEALTH of Pennsylvania, v. Richard C. SCHOMAKER, Appellant.

Superior Court of Pennsylvania.

Filed November 30, 1981.

Attorney(s) appearing for the Case

H. David Rothman, Pittsburgh, for appellant in No. 1595 and for appellee in No. 1600.

F. Peter Dixon, Assistant District Attorney, Pittsburgh, for Commonwealth, appellant in No. 1600 and appellee in No. 1595.

Before PRICE, CAVANAUGH and HOFFMAN, JJ.

HOFFMAN, Judge:

These are cross appeals from an order granting a new trial on a charge of theft by deception.1 In its appeal, the Commonwealth contends the jury was properly instructed and therefore seeks reinstatement of the jury's verdict. Defendant seeks arrest of judgment in his appeal, or alternatively, to uphold the order granting a new trial. Because we agree with defendant that a fatal variance existed between the indictment and...

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