Commonwealth v. Sweeting

WIEAND, Judge:

The issue in this appeal is whether a person who intended to possess and sell a controlled substance, who believed he was possessing and selling a controlled substance, and who in fact possessed and sold a controlled substance is entitled to be acquitted on charges of knowingly possessing and possessing with intent to deliver a controlled substance because he was mistaken about the precise chemical nature of the controlled substance.

In November, 1984, Brett W. Sweeting sold a small quantity of methamphetamine to Ranee Morey, an undercover state trooper, in Lycoming County. On…