Commonwealth v. Buiel

The defendant raises one issue in his appeal from his convictions of rape of a child and indecent assault and battery on a child under fourteen. The victim was the defendant’s daughter, who was eight at the time of the crimes.

As part of a conscious trial strategy to present no defense, defense counsel seasonably raised, by written motion and orally, his request that the trial judge not instruct the jury as to the defendant’s right not to testify. The defendant did not testify. In spite of the defendant’s objection, the judge in structed the jury concerning the defendant’s right not to…