Commonwealth v. Quartman

PRICE, Judge:

Appellant was charged with two counts of burglary 1 and one count each of attempted rape 2 and aggravated assault with a deadly weapon. 3 He was found guilty in a trial by jury of all charges except attempted rape. A motion in arrest of judgment and for a new trial was denied by the court below. This appeal followed imposition of sentence.

Appellant argues that the court below erred in refusing to grant a mistrial when two Commonwealth witnesses commented upon appellant’s assertion of his right to remain silent after receipt of his Miranda warnings. The Commonwealth called Trooper…