COMMONWEALTH v. CHUCK


227 Pa.Super. 612 (1974)

Commonwealth v. Chuck, Appellant.

Superior Court of Pennsylvania.

April 3, 1974.


Attorney(s) appearing for the Case

Lawrence Sager, with him Sager & Sager, for appellant.

Stewart J. Greenleaf, Assistant District Attorney, with him J. David Bean, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent).


OPINION BY CERCONE, J., April 3, 1974:

This is an appeal by the defendant from a conviction on charges of possession and sale of a controlled substance under The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P.S. 780-101 (eff. June 14, 1972). The basis of the appeal is that the conviction resulted from testimony given by a witness who was not competent to testify.

The Commonwealth's case against the defendant rested upon the testimony of...

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