Commonwealth v. Black

I dissent from the majority for the reason that the court below erred in “molding” the verdict to find appellant guilty of the theft offense.

Under 18 Pa.C.S. § 3502(d) “[a] person may not be convicted both for burglary and for the offense which it was his intent to commit after the burglarious entry . . . .” Instantly, appellant was charged with burglary and with the offense which he intended to, and did, commit after he had effected his entry, to-wit, theft. It was, therefore, improper for the jury to find appellant guilty of both offenses.

In Commonwealth v. King, 238 Pa.Super. 190, 357 A.2d…