Commonwealth v. Davis

Concurring Opinion by

Mr. J ustice Pomeroy :

I cannot agree that the prosecutor’s use of the word “uneontroverfced” in his closing argument to the jury constituted adverse comment upon appellant’s exercise of his Fifth Amendment rights, as interpreted in Griffin v. California, 380 U.S. 609, 14 L. Ed. 2d 106 (1965).

For the remarks of a prosecuting attorney to be impermissible for this reason, it must appear that “the language used was manifestly intended or was of such character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify.”…