Commonwealth v. Freeman

HOFFMAN, Judge:

This appeal is from the judgment of sentence for aggravated assault and conspiracy. Appellant contends that the trial court erred in permitting the prosecutor, in his cross-examination of appellant, to make reference to appellant’s post-arrest silence. We agree and, accordingly, vacate the judgment of sentence and remand for a new trial. 1

Appellant was arrested and charged with robbery, aggravated assault, conspiracy, and violation of the Uniform Firearms Act. On June 3, 1988, following a jury trial, appellant was acquitted of the robbery charge, but found guilty of the…