Commonwealth v. Nickerson

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.

The defendant was tried in April, 1981, along with one Kenneth Paulson. Only the defendant’s appeal from his conviction is before us. The…