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COMMONWEALTH v. YORK

453 Pa. 317 (1973)

Commonwealth v. York, Appellant.

Supreme Court of Pennsylvania.

September 19, 1973.

Attorney(s) appearing for the Case

Ricardo C. Jackson, for appellant.

Linda West Conley, James T. Ranney and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE EAGEN, September 19, 1973:

Steven Thomas York appeals from the judgment of sentence imposed following his conviction by a jury of murder in the second degree. York did not testify at trial, and the court instructed the jury this was his constitutional right and no adverse inference should be drawn therefrom.1 The sole assignment of error is that such an instruction, in the...

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