Spears v. Commonwealth

VANCE, Judge:

The issue for determination is whether the trial court erred by refusing to allow appellant to show that a principal prosecuting witness was under indictment in the same court in which appellant was convicted.

Appellant was convicted of trafficking in a controlled substance, Schedule I (KRS 218A.140(1)) and sentenced to twelve months imprisonment. The principal witness against appellant was an informer who volunteered his services as an “undercover agent” for the Commonwealth’s Attorney. He testified that he purchased a bag of marijuana from appellant. In the course of his…