Commonwealth v. Teada

Opinion by

Watkins, P. J.,

This is an appeal by the Commonwealth from a demurrer sustained by the Court of Common Pleas of Monroe County, Criminal Division. The defendant was charged with a violation of the Act of 1972, April 14, P.L. 233, No. 64; 35 P.S. §780-113 (a) (30), a Section of The Controlled Substance, Drug, Device and Cosmetic Act.

The appellee, Chris Teada, was arrested on May 20, 1974 and charged with selling phencyclidine to a police undercover agent. The trial was held on October 8, 1974. At the trial the Commonwealth established that a substance sold to the undercover agent…