(dissenting):
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 into Mrs. Connie Stap’s auto shop for repairs. At midnight on October 23, 1974, appellant telephoned Mrs. Stap and asked her to retrieve a gun which was under *151the front seat of the car. After finding the gun, Mrs. Stap called State Trooper Conley to report the serial number because she was interested in purchasing the gun and she wished to discover whether it had been stolen. Trooper Conley performed a National Crimes Information Center check on the serial number and discovered that the revolver was the one stolen from Mr. Weirs.
On October 24, 1974, at approximately 8 p.m., appellant returned to Mrs. Stap’s establishment where she returned the revolver to appellant. Appellant left the premises with the revolver in his possession.
Pursuant to a warrant, Trooper Laposky searched appellant’s house and car on October 25, 1974, in Young-wood, Westmoreland County. As a result of the search, appellant was arrested and charged with: possessing the instruments of crime,1 receiving stolen property,2 and former convict not to own a firearm.3 The Grand_Jury of Westmoreland County returned a bill of indictment against appellant on January 13, 1975. On February 26, 1975, a Westmoreland County judge suppressed all evidence seized by Trooper Laposky pursuant to the search warrant. The evidence consisted of the .38 caliber Smith and Wesson revolver and some tools.
After a non-jury trial, appellant was found guilty of receiving stolen property and former convict not to possess a firearm; he was acquitted of possession of the instruments of a crime.
Appellant filed post-trial motions for a new trial and in arrest of judgment. The court en banc granted appellant’s motion to arrest judgment on the charge of receiving stolen property but denied the motion on the charge of former convict not to own a firearm. On October 29, *1521975, appellant was sentenced to a term of imprisonment of two and one-half to five years. This appeal followed.
Appellant contends that the Commonwealth’s proof at trial varied substantially from the allegations contained in the indictment.
It is clear that in criminal trials the proof offered by the Commonwealth must measure up to the charge made in the indictment. Commonwealth v. Lambert, 226 Pa.Super. 41, 313 A.2d 300 (1973); Commonwealth v. Simione, 447 Pa. 473, 291 A.2d 764 (1972); Commonwealth v. Aurick, 342 Pa. 282, 19 A.2d 920 (1941). “The indictment is the star and compass of a criminal trial,” and it “must be a notification to the defendant of the charge he has to meet.” Commonwealth v. Petrillo, 338 Pa. 65, 77, 12 A.2d 317, 324 (1940). Pennsylvania case law makes clear that it is a fundamental necessity that the accused be informed of the nature of all crimes charged, as well as being given the opportunity to present a defense to those charges. Commonwealth v. Wolfe, 220 Pa.Super. 415, 289 A.2d 153 (1972); Commonwealth v. Bryant, 219 Pa.Super. 412, 281 A.2d 678 (1971). Moreover, a variance between an indictment and proof at trial will be fatal if “it could mislead the defendant at trial, involves an element of surprise prejudicial to the defendant’s efforts to prepare his defense, precludes the defendant from anticipating the prosecution’s proof, or impairs a substantial right.” Commonwealth v. Pope, 455 Pa. 384, 391, 317 A.2d 887, 890 (1974).
The indictment in question provided:
“Count III:
“And the Grand Jury of Westmoreland County, by this indictment, further presents that on or about the same day and year as above, [October 25, 1974] in said County and State aforesaid, he, the said John Charles Brandrup, did unlawfully have in his 1970 dodge sedan, bearing Pennsylvania Registration Number 28H915, a Smith and Wesson 38 caliber two inch barrel revolver, Serial Num*153ber J203703, the revolver being stolen out of a burglary at the Laurel Valley Auto Sales, and owned by Henry Bernard Weirs III. The said John Charles Brandrup is currently under Commonwealth of Pennsylvania State parole. The said John Charles Brandrup was paroled and released from the State Regional Correctional Facility #5 on June 21, 1974, after having served a minimum term of two years for burglary and possession of burglary tools. All of which is against the Peace and Dignity and the General Assembly of the Commonwealth of Pa.”
In the instant case, appellant was indicted for the possession of a firearm in a 1970 Dodge sedan. At trial, the Commonwealth proved possession at a completely different location, an auto repair shop. Clearly, appellant was entitled to prepare his defense in reliance upon the offense charged in the indictment. The indictment is his notice of the crime charged. Further, the variance was so great as to preclude the appellant from anticipating the Commonwealth’s proof and to mislead the appellant in preparing his defense. An appellant should not have to guess what charges have been placed against him. If the charges in the indictment are not clear and explicit, an appellant cannot properly defend against them. See Commonwealth v. Wolfe, 220 Pa.Super. 415, 289 A.2d 153 (1972).
Because of the substantial variance between the charge in the indictment and the proof at trial, I would order appellant discharged.
SPAETH, J., joins in this dissenting opinion.. The Crimes Code, Act of December 6, 1972, P.L. 1482, No 334, § 1, eff. June 6, 1973; 18 Pa.C.S. § 907.
. The Crimes Code, supra; 18 Pa.C.S. § 3925.
. The Crimes Code, supra; 18 Pa.C.S. § 6105.