COM. v. EVANS


444 Pa.Super. 545 (1995)

664 A.2d 570

COMMONWEALTH of Pennsylvania v. Oliver W. EVANS, Appellant.

Superior Court of Pennsylvania.

Filed August 23, 1995.


Attorney(s) appearing for the Case

Robert H. Bascom, Jr., Assistant Public Defender, Harrisburg, for appellant.

Richard E. Guida, Assistant District Attorney, Harrisburg, for Commonwealth, appellee.

Before BECK, KELLY and FORD ELLIOTT, JJ.


KELLY, Judge:

In this opinion, we are called upon to determine whether the trial court erred in failing to charge the jury with a "missing witness" adverse inference instruction due to the Commonwealth's refusal to disclose the identity of a confidential informant who was the only other witness to the alleged crime. We reverse and remand for proceedings not inconsistent with this Opinion.

This appeal involves...

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