Commonwealth v. Babbs

WIEAND, Judge:

The principal issue in this appeal is whether a criminal defendant’s failure to appear for trial, without evidence of flight or concealment, is sufficient to permit a fact finder to infer a consciousness of guilt. The trial court, over defense objections, allowed evidence that appellant had failed to appear on a prior trial date and then instructed the jury that it could infer a consciousness of guilt from this evidence. We conclude that this was error. Therefore, we reverse and remand for a new trial.

At or about 1:00 p.m. on October 14, 1982, Jesse Johnson, an unlicensed taxi…