White v. State

Quillian, Chief Judge.

The defendant appeals his conviction for burglary. Held:

1. The defendant’s first enumeration of error is that the Court erred “in requiring defendant’s Fifth Amendment privilege which he took during a questioning by police to be asserted before the jury.” The record does not sustain the defendant’s contention that he was required to assert his privilege in the presence of the jury. Instead, an examination of the transcript reveals that the defendant objected, after which a bench conference ensued out of the hearing of the jury, at which time the trial judge granted the…