Stapleton v. State

Hall, Justice.

Defendant Early L. Stapleton appeals from conviction on two counts of murder and one count of aggravated assault and raises among others, two claims under the Fifth Amendment to the United States Constitution. One enumeration, that the charge to the jury that no inference may be drawn from defendant’s failure to testify constituted a comment by the judge on the defendant’s silence, we find does not rise to constitutional error; the other, that the playing of a taped confession taken during a custodial interrogation without *514the benefit of the full Miranda warnings is reversible…