Commonwealth v. Danzy

Opinion by

Spaeth, J.,

This is an appeal from a conviction, after a jury trial, of burglary, aggravated robbery, assault and battery, and aggravated assault and battery. The issue is with respect to the following part of the charge: “A person who comes before the Court has a constitutional right not to give evidence of any kind. They have a constitutional right not to give evidence. You, the jury, have a duty not to hold that against them in any way. A person’s right not to give evidence imposes upon you the duty not to draw any inference of any kind whatsoever against a person who is charged…