COM. v. LEWIS


528 Pa. 440 (1991)

598 A.2d 975

COMMONWEALTH of Pennsylvania, Appellee, v. Reginald LEWIS, Appellant.

Supreme Court of Pennsylvania.

Decided October 31, 1991.


Attorney(s) appearing for the Case

William P. James, Philadelphia, for appellant.

Gaele McLaughlin Barthold, Deputy Dist. Atty., Ronald Eisenberg, Chief, Appeals Div., Marianne E. Cox, Asst. Dist. Atty., Robert A. Graci, Chief Deputy Atty. Gen., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION OF THE COURT

CAPPY, Justice.

This appeal presents two issues of first impression: Whether the failure of a trial judge to instruct the jury that they are not permitted to draw any adverse inference from the defendant's decision not to testify violates an accused's rights pursuant to Article I, Section 9 of the Pennsylvania Constitution when the accused has requested that such an instruction be given; and whether the failure to give that instruction...

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