Commonwealth v. Calloway

VANCE, Justice.

The question is whether the failure of the Commonwealth to locate and produce at trial a potential witness for the defendant constitutes or mandates a reversal of a conviction.

The respondent was convicted of the offense of trafficking in a controlled substance. In a pretrial discovery motion, respondent requested the names of witnesses to the crime. On July 11, 1984, in response, the Commonwealth stated:

“James Morris may be an eyewitness to one or more of the acts contained in the indictment. His address is unknown, but he will be made available at trial by the Commonwealth.”

Jam…