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COM. v. RASHEED

536 Pa. 567 (1994)

640 A.2d 896

COMMONWEALTH of Pennsylvania, Appellee, v. Abdul RASHEED, Appellant.

Supreme Court of Pennsylvania.

Argued December 7, 1992.

Attorney(s) appearing for the Case

John W. Packel, Chief Appeals Div., Peter Rosalsky, Philadelphia, for appellant.

Ronald Eisenberg, Deputy Dist. Atty., Catherine Marshall, Chief, Appeals Div., Hugh J. Burns, Jr., Philadelphia, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

CAPPY, Justice.

The questions presented are: whether it is error for the trial court to instruct the jury that it may draw no adverse inference from the decision of the defendant not to testify, when a specific request to omit the instruction has been made; and if so, is the error harmless.1 We find that the trial court erred in giving the charge over the objection...

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