Commonwealth v. McIntosh

WINTERSHEIMER, Justice.

This appeal is from a judgment entered April 30, 1981, based on a jury verdict convicting McIntosh of receiving stolen property and sentencing him to two years in prison. The Court of Appeals reversed and remanded. We reverse the Court of Appeals and reinstate the conviction.

The only issue is whether the trial court’s failure to give an instruction that no adverse inference should be drawn from the failure of the accused to testify is reversible error.

The Court of Appeals found that the case of Carter v. Kentucky, 450 U.S. 288, 101 S.Ct. 1112, 67 L.Ed.2d 241 (1981), was…