Howard v. State

Dissenting Opinion

DeBruler, J.

I dissent and would reverse this judgment as contrary to law in that, in arriving at its verdict, the trier of fact used appellant’s exercise of his constitutional right to remain silent against him in violation of the Indiana Constitution, Art. 1, § 14, which reads as follows:

“No person shall be put in jeopardy twice for the same offense. No person, in any criminal prosecution, shall be compelled to testify against himself.”1

This occurred when the trial court used against appellant the fact that he did not tell the police at the scene of the arrest the story he…