Commonwealth v. Brandrup

CERCONE, Judge:

This is an appeal from a judgment of sentence on the ground that the evidence adduced at trial varied substantially from the charge set forth in the indictment.

On January 13, 1975, the grand jury of Westmoreland County returned a bill of indictment against appellant on charges of receiving stolen property,1 possessing instruments of crime,2 and former convict not to own [possess] a firearm.3 On February 26, 1975, the lower court sup*146pressed all physical evidence seized by the police pursuant to the search warrant executed in this case on October 25, 1974. The physical evidence…