John P. Karoly, Jr., Assistant Public Defender, Allentown, for appellant.
Edward J. Zamborsky, Assistant District Attorney, Allentown, and William H. Platt, District Attorney, Allentown, for Commonwealth, appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Hoffman and Spaeth, JJ., concur in the result. Watkins, former President Judge, did not participate in the consideration or decision of this case.
[ 254 Pa. Super. Page 188]
This is an appeal from the judgment of sentence of the Court of Common Pleas of Lehigh County, Criminal Division, by the defendant-appellant, Phillip Snyder, following a conviction of possession with intent to deliver and delivery of a controlled substance. (The Controlled Substance, Drug, Device and Cosmetic Act, 1972, April 14, P.L. 233 Sec. 1 of 64, 35 P.S. 780-101, et seq.)
Appellant was arrested by the State Police November 14, 1974, in connection with the sale of a quantity of marijuana to an undercover state policeman (Trooper Goff) by Thomas Leggett.
The sale had been set up the day before by a confidential informant, known to State Police only as "Danny". The informant's only task was to introduce Trooper Goff to Leggett. The introduction took place November 14, 1974. There is a dispute as to whether "Danny" remained in the vicinity thereafter. Trooper Goff testified that he instructed "Danny" to leave the scene immediately. (N.T. 21) The Appellant testified that "Danny" was still there when he arrived. When Appellant arrived on the scene, he backed his truck up the driveway, got out of his truck and went to the rear of vehicle where Mr. Leggett and Trooper Goff
[ 254 Pa. Super. Page 189]
were standing. He handed Trooper Goff a paper with the marijuana weights marked thereon (Commonwealth Ex. # 1). He then opened the rear door of his vehicle and removed a brick of marijuana and gave it to Goff to examine. Immediately thereupon the State Troopers staked out in the vicinity, converged and arrested Leggett and the Appellant.
Appellant was arraigned on charges of Possession and Delivery of a Controlled Substance.
On May 28, 1975, following a hearing, Appellant's Application to disclose or produce a material eyewitness was denied.
A jury trial was held on December 10 and 11, 1975. Appellant was convicted on both counts. Motions for New Trial and in Arrest of Judgment were denied on January 21, 1977. This Appeal followed.
Appellant initially asserts that the lower court should have ordered the Commonwealth to disclose the identity and whereabouts ...