Commonwealth v. Gibson

POPOVICH, Judge:

Scott Gibson appeals from a judgment of sentence entered in the Court of Common Pleas of Dauphin following his convictions for robbery 1 and criminal conspiracy. 2 Appellant now contends that the lower court erred in not allowing trial counsel to testify on appellant’s behalf and that the lower court erred in admitting a prior inconsistent statement of his co-defendant. We find that the lower court erred in refusing to allow appellant’s counsel to testify and remand for a new trial.

The incident in this matter involved the robbery, at knifepoint, of one Robert Ulmer on August…