Commonwealth v. Brown

HOFFMAN, Judge:

This is an appeal from judgment of sentence after conviction on a narcotics charge. Appellant contends that the court erred in failing to draw an adverse inference from the Commonwealth’s failure to call a witness. For the reasons which follow, we reverse and remand for a new trial. 1

At trial, a state police undercover agent testified that he bought heroin and cocaine from appellant. A confidential informant witnessed the transaction and paid appellant part of the purchase price for the narcotics. At trial, the undercover agent stated that the informant’s identity was no longer…