COMMONWEALTH v. NICKERSON


386 Mass. 54 (1982)

434 N.E.2d 992

COMMONWEALTH vs. KEVIN NICKERSON.

Supreme Judicial Court of Massachusetts, Suffolk.

April 30, 1982.


Attorney(s) appearing for the Case

James J. Cipoletta for the defendant.

Brent D. Redstone, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

We consider the question whether a judge may instruct a jury that, in determining the credibility of a criminal defendant's testimony, they may consider that he did not come forward with his exculpatory story prior to his arrest. We conclude that, in the circumstances of this case, such a charge was error, and, because the error may have been prejudicial, we reverse the defendant's conviction of assault and battery by means of a dangerous weapon.

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