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COM. v. SCHOMAKER

501 Pa. 404 (1983)

461 A.2d 1220

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

Supreme Court of Pennsylvania.

Decided April 27, 1983.

Attorney(s) appearing for the Case

H. David Rothman, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy Dist. Atty., Melinda G. Tell, Joel M. Kaufman, Asst. Dist. Attys., Pittsburgh, for appellee.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION

ZAPPALA, Justice.

This appeal is before the Court upon a grant of appellant's allocatur petition.1 Appellant challenges the Court of Common Pleas' grant and the Superior Court's, 239 Pa.Super. 78, 437 A.2d 999, affirmance of a new trial following their finding that a fatal variance existed between the indictment and the jury instructions at appellant...

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