State v. Oxier

MILLER, Chief Justice:

James Oxier was convicted by a jury in the Circuit Court of Randolph County of breaking and entering. In his appeal, he claims the State improperly cross-examined him about his pretrial silence. A second assigned error relates to the State’s reasonable doubt instruction. The final assignment of error, which is entwined with the preceding errors, deals with the prosecuting attorney’s comments in closing argument about the defendant’s pretrial silence and the State’s reasonable doubt instruction.

In the early morning hours of December 13, 1983, several persons were involved…