Opinion
Submitted: March 23, 1979.
April 11, 1980.
Criminal proceedings. Burglary. Before GOODHEART, J. No. 1360 Oct. T., 1978. Appeal from the judgment of sentence of the Court of Common Pleas, Criminal Division, of Philadelphia, Aug. T., 1977, No. 1510. Submitted: March 23, 1979.
Charles A.J. Halpin, III, for appellant; Nancy D. Wasser, Assistant District Attorney, for Commonwealth, appellee.
Before CERCONE, P.J., and WATKINS and HOFFMAN, JJ.
The defendant's conviction of the crime of criminal trespass as a lesser included crime of the offense of burglary is hereby reversed and the defendant is ordered discharged since he was not indicted for the offense of criminal trespass and since it has been held that the offense of criminal trespass is not a lesser included offense of the crime of burglary. Commonwealth v. Carter, 482 Pa. 274, 393 A.2d 660 (1978).