Commonwealth v. Zellner

PRICE, Judge:

This appeal arises from denial in the court below of appellant’s motions for a new trial and in arrest of judgment following conviction by a jury of indecent assault1 and corruption of a minor.2 Appellant raises three contentions on appeal: (1) that he is entitled to a new trial because a Commonwealth witness made reference to his election to remain silent at the time of his arrest; (2) that the court erred in refusing to charge the jury that it must acquit appellant if it found he could have reasonably believed the victim to be over eighteen years of age; and (3) that the…