October 9, 1975
Indictments charging defendant with criminal conspiracy to commit burglary and theft, unlawful possession of an instrument of crime, unlawful possession of a prohibited offensive weapon and resisting arrest. Before PORTER, J., without a jury. Appeal, No. 86, Oct. T., 1975, from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, June T., 1974, No. 1118.
Douglas Riblet, Assistant Defender, with him Andrea Commaker Levin and John W. Packel, Assistant Defenders, and Vincent J. Ziccardi, Defender, for appellant; Neil Kitrosser, Assistant District Attorney, with him Mark Sendrow and Steven H. Goldblatt, Assistant District Attorneys, Abraham J. Gafni, Deputy District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.
Per Curiam: Pursuant to "The Crimes Code", Act of 1972, December 6, P.L. 1482, No. 334, Section 906, 18 Pa. C.S. § 906, the judgment of sentence rendered following conviction under "The Crimes Code", supra, Section 903, to wit, "criminal conspiracy", is vacated and said conviction, based upon lower court indictment number 1118 of the June Term 1974, is reversed.
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