State v. Squires

This is an appeal by defendant Roger Squires from a conviction, after jury trial, of operating a motor vehicle upon a public highway while under the influence of intoxicating liquor. 23 V.S.A. § 1201(a)(2). We affirm.

Defendant first argues that reversal is required because the prosecutor impermissibly elicited testimony about and commented upon what defendant did not say at the time of his arrest, thereby denying him a fair trial. We find it unnecessary to reach the merits of this claim because this case does not involve prohibited comment at trial on a defendant’s post-arrest silence. Doyle…