Commonwealth v. Chuck

Opinion by

Cekcone, J.,

This is an appeal by the defendant from a conviction on charges of possession and sale of a controlled substance under The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P.S. 780-101 (eff. June 14, 1972). The basis of the appeal is that the conviction resulted from testimony given by a witness who was not competent to testify.

The Commonwealth’s case against the defendant rested upon the testimony of one witness, David Keith Ewing. At the time of trial Mr. Ewing was nineteen years old. He was a drug user and had previously been arrested on drug and…