Commonwealth v. Evans

KELLY, Judge:

In this opinion, we are called upon to determine whether the trial court erred in failing to charge the jury with a “missing witness” adverse inference instruction due to the Commonwealth’s refusal to disclose the identity of a confidential informant who was the only other witness to the alleged crime. We reverse and remand for proceedings not inconsistent with this Opinion.

This appeal involves a challenge to the trial court’s denial of appellant’s oral motion to request a “missing witness” adverse inference instruction made after the trial court charged the jury and in response…