Commonwealth v. Schomaker

OPINION

ZAPPALA, Justice.

This appeal is before the Court upon a grant of appellant’s allocatur petition. 1 Appellant challenges the Court of Com mon 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’s trial. The appellant was charged with criminal conspiracy and theft by deception. He now argues that his motion for arrest of judgment should have been granted. We agree.

Facts germane to the resolution of this case are summarized as…