Eck v. State

STETTIN, HERBERT, Associate Judge.

Appellant was convicted of third-degree murder. He seeks reversal claiming error in the admission of testimony at trial from a police officer concerning his silence after arrest and Miranda warnings.

*460Factually, it appears the appellant had been drinking with the decedent at his home. They had a dispute and the appellant shot the decedent. When the police arrived they arrested the appellant, read him his Miranda rights and then proceeded to question him in the house within sight of the decedent’s body.

A police officer was questioned by the State at trial about…