No. 1889 October Term, 1977, Appeal from Judgment of Sentence of the Court of Common Pleas of Lancaster County, Criminal Division at No. 1332 of 1976.
Daniel W. Shoemaker, York, for appellant.
J. Kenneff, Assistant District Attorney, with him D. Richard Eckman, District Attorney, Lancaster, for Commonwealth, appellee.
Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort and Hester, JJ. Jacobs, President Judge, and Hoffman and Spaeth, JJ., did not participate in the consideration or decision of this case.
[ 259 Pa. Super. Page 488]
On April 23, 1976, appellant Deborah Ann Tyler, was arrested and charged with unlawful delivery of a controlled substance. It was alleged that appellant sold an ounce of heroin to an undercover agent of the Pennsylvania Department of Justice on the evening of February 13, 1976. Later in the day, on April 23, 1976, appellant was also charged with making terroristic threats. This latter charge stemmed from an incident at the City of Lancaster Police Station on the day of appellant's arrest. Appellant was said to have made threatening remarks towards the undercover agent who participated in appellant's arrest.
At trial, the undercover agent testified that he and an informer went to appellant's apartment on February 13, 1976. According to the agent's testimony, his informant had previously contacted appellant and made the arrangements for the sale. During the actual transaction, the undercover agent stood in the doorway between the kitchen and the dining room of appellant's apartment and watched her mix a quantity of white powder, putting the powder into a small plastic bag and weighing the bag on a postal scale provided by the agent. While appellant was doing this, the confidential informant, said to be a man named Henry Rauser, took some of the white powder, heated it, mixed it with water and injected it into his arms. After a moment, Rauser nodded to the agent, indicating that the powder was truly heroin. Appellant then gave the bag of powder to the agent in exchange for $2,000.00. The white powder was later tested by the Commonwealth and found to contain heroin.
After a jury trial, appellant was acquitted on the terroristic threat charge but convicted on the heroin charge. Appellant
[ 259 Pa. Super. Page 489]
advances many reasons why her conviction should be reversed. We have considered her arguments and find them to be without merit. For the reasons set forth below, we affirm.
In her first argument appellant asserts that the trial court erred by not ordering the Commonwealth to disclose to the defense before trial the name and address of the Commonwealth's informant as requested by appellant in pre-trial motions. We find that the lower court committed no error in its disposition of this motion.
At the time of appellant's trial, Pa.R.Crim.P. 310 set forth the rule for pre-trial discovery and inspection. Rule 310 read in relevant part:
"All applications of a defendant for pretrial discovery and inspection shall be made not less than five days prior to the scheduled date of trial. The court may order the attorney for the Commonwealth to permit the defendant or his attorney, and such persons as are necessary to assist him, to inspect and copy or photograph any written confessions and written statements made by the defendant. No other discovery or inspection shall be ...