Commonwealth v. Hoffman

Opinion by

Pbice, J.,

Appellant was indicted for maliciously soliciting and inciting another person to commit sodomy.1 However, in his charge to the jury at the conclusion of the trial, the trial judge charged on the crime of assault and solicitation to commit sodomy. Appellant was then convicted of the crime as charged by the judge, and later sentenced for it.

We are concerned that a person could be indicted for one offense and convicted of another entirely different crime.2 An examination of the indictment form reveals that the crime listed on the back cover is at odds with the crime actually…