COM. v. SEEL


267 Pa.Super. 490 (1979)

406 A.2d 1148

COMMONWEALTH of Pennsylvania v. James Ronald SEEL, Appellant.

Superior Court of Pennsylvania.

Decided June 29, 1979.


Attorney(s) appearing for the Case

William G. Sherr, Allentown, for appellant.

William H. Platt, District Attorney, Allentown, submitted a brief on behalf of Commonwealth, appellee.

Before PRICE, SPAETH and LIPEZ, JJ.


PER CURIAM:

The trial judge improperly elicited testimony that appellant had chosen to remain silent at the time of his arrest by questioning the arresting officer as to appellant's answers to the officer's interrogation, and by commenting, "I think the jury is entitled to know this." These references to appellant's silence constituted prejudicial error. See Commonwealth v. Haideman, 449 Pa. 367, 296 A.2d 765 (1972). The prejudice...

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