Commonwealth v. Easley

The following excerpts from the case of Commonwealth v. Stafford, 450 Pa. 252, 299 A.2d 590 (1973) support appellant’s contention that the prosecutor’s comment concerning appellant’s silence at the time of his arrest was prejudicial error:

“The Fifth Amendment protects the accused’s right to remain silent and it is of no moment that in the instant case the appellant remained silent at the time of his arrest. To allow comment on his silence at the time of arrest would also make the assertion of his privilege costly. . . . That the appellant himself brought his silence, at the time of his…