Commonwealth v. Phelps

OPINION by

Judge Wilkinson, Jk.,

The narrow question presented for decision in this case is whether the trial court abused its discretion in denying the Commonwealth’s request for a “continuance of 15 minutes” and sustaining Joseph P. Phelps, Jr.’s (Phelps) appeal when the Commonwealth failed to call its first witness. We hold that the trial court did abuse its discretion and reverse.

On February 7, 1979 Phelps was requested to submit to a chemical test of his breath. The issue on the merits before the trial court was to have been whether he consented to the test and endeavored to comply or…