Commonwealth v. Miller

Opinion by

Price, J.,

On October 28, 1974, the appellant, Gerald C. Miller, was found guilty of conspiracy and of knowingly posses*255sing a controlled substance with the intent to deliver,1 by the trial judge sitting without a jury. The sole issue presented on this appeal is whether appellant was denied his right to summation prior to verdict. We hold that he was denied this right and will reverse the judgment of sentence.

The Commonwealth’s case consisted of one witness, undercover agent Gary Davis, who testified that on March 5, 1974, he purchased three (3) glassine bags containing a substance,…