COM. v. FREEMAN


386 Pa.Super. 105 (1989)

562 A.2d 375

COMMONWEALTH of Pennsylvania v. Mark FREEMAN, Appellant.

Supreme Court of Pennsylvania.

Decided June 27, 1989.

Reargument Denied August 22, 1989.


Attorney(s) appearing for the Case

John Packel, Asst. Public Defender, Philadelphia, for appellant.

Donna G. Zucker, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before BROSKY, McEWEN and HOFFMAN, JJ.


HOFFMAN, Judge:

This appeal is from the judgment of sentence for aggravated assault and conspiracy. Appellant contends that the trial court erred in permitting the prosecutor, in his cross-examination of appellant, to make reference to appellant's post-arrest silence. We agree and, accordingly, vacate the judgment of sentence and remand for a new trial.1

Appellant was arrested and charged with robbery, aggravated assault, conspiracy...

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