State v. Gonzales

OPINION

MOISE, Justice.

Defendant complains of his conviction on charges of burglary (§ 40A-16-3, N.M. S.A.1953) and larceny (§ 40A-16-1, N.M.S. A.1953). He first contends, relying on Griffin v. State of California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1966), that he was denied due process of law because of instructions to the jury concerning comments made by the district attorney on defendant’s failure to testify during the proceedings. See State v. Miller, 76 N.M. 62, 412 P.2d 240 (1966), and State v. Flores, 76 N.M. 134, 412 P.2d 560 (1966), where this court reversed convictions on…