COM. v. BROWN


267 Pa.Super. 530 (1979)

407 A.2d 36

COMMONWEALTH of Pennsylvania v. Donald BROWN, Appellant.

Superior Court of Pennsylvania.

Decided July 12, 1979.


Attorney(s) appearing for the Case

H. Stanley Rebert, Public Defender, York, for appellant.

John A.F. Hall, Assistant District Attorney, York, for Commonwealth, appellee.

Before CERCONE, President Judge, and WIEAND and HOFFMAN, JJ.


HOFFMAN, Judge:

This is an appeal from judgment of sentence after conviction on a narcotics charge. Appellant contends that the court erred in failing to draw an adverse inference from the Commonwealth's failure to call a witness. For the reasons which follow, we reverse and remand for a new trial.1

At trial, a state police undercover agent testified that he bought heroin and cocaine from appellant. A confidential

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