State v. Walker

MITCHELL, Justice.

The defendant was convicted upon a proper indictment of one count of first degree rape. He appealed his conviction and mandatory sentence of life imprisonment to this Court as a matter of right.

By his assignment the defendant contends that, despite his failure to object at trial, he must have a new trial because of the trial court’s “plain error” in permitting the prosecutor to cross-examine him concerning his post-arrest silence. We do not agree.

The State’s evidence tended to show that around 8:15 p.m. on Friday, 16 November 1984, David Soard and the defendant Alton Leamont…