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COMMONWEALTH v. ALLEN (03/19/70)

decided: March 19, 1970.

COMMONWEALTH
v.
ALLEN, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, June T., 1968, No. 519, in case of Commonwealth of Pennsylvania v. Wilbur Allen.

COUNSEL

David O'Hanesian, for appellant.

Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 216 Pa. Super. Page 229]

Judgment of sentence affirmed.

Disposition

Judgment of sentence affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant was charged and convicted of possession and sale of narcotic drugs. The evidence upon which appellant was convicted consisted of the testimony of one witness, the buyer of the narcotic drugs. She testified as to a series of transactions between appellant and her, in which she exchanged various sums of money for quantities of heroin and cocaine. These transactions involved only the two parties. No other parties, agents, witnesses were involved. Appellant neither presented witnesses of his own nor took the stand to testify in his own behalf.

During the district attorney's argument to the jury, the following appears of record:

"[Appellant's counsel]: I would like on the record, your Honor, that my recollection is that the district attorney twice said in his closing that the Commonwealth's case was uncontradicted. . . . I think the . . . statements were a violation of [Griffin] vs. California, in that ...


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