Commonwealth v. Thomas

Opinion by

Mr. Chief Justice Jones,

This is an appeal by the Commonwealth from the order of the Superior Court vacating the judgment of sentence entered against the defendant, Gene LaFunies Thomas, and remanding for a trial on the merits.

The defendant was arrested and charged with possession and sale of narcotics after selling two glassine bags of heroin to a State Police undercover agent. The case came to trial on October 14, 1971, before the Honorable Joseph W. deFuRTA, Jr., of the Delaware County *550Court of Common Pleas. At that time the defendant, who had been represented by counsel…