Gibbs v. State

McMurray, Presiding Judge.

Defendant Gibbs appeals his conviction of “criminal attempt of robbery by intimidation.” Held:

Both of defendant’s enumerations of error relate to a question asked by the prosecuting attorney of a police officer who had participated in the investigation of the crime of which defendant was convicted. The question was: “All right, now, Officer Gervin, once you had Mr. Gibbs in custody, did he provide you with any statement?” The officer answered: “I advised him of his rights and he refused to give a statement.” Defense counsel immediately requested the opportunity to…