April 11, 1980
COMMONWEALTH OF PENNSYLVANIA
JOHN VOLTZ, APPELLANT
No. 1360 October Term, 1978, Appeal from Judgment of Sentence, dated April 18, 1978, of the Court of Common Pleas, First Judicial District of Philadelphia, August Session, 1977, No. 1510.
Before Cercone, P.j., Watkins And Hoffman, JJ.
Per Curiam Order:
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 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).
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