Commonwealth v. Brandrup

Appellant contends that the evidence adduced at trial by the Commonwealth varied substantially from the allegations contained in the indictment. I agree and would, therefore, order appellant discharged.

In September of 1974, a burglary occurred at Laurel Valley Auto Sales in Latrobe, Westmoreland County. Henry B. Weirs, III, the owner of Laurel Valley Auto Sales, told the State Police that a Smith and Wesson .38 caliber revolver was stolen in the burglary. Mr. Weirs also reported the serial number of the stolen revolver to the police.

On October 23, 1974, appellant brought a Camaro automobile…