State v. Brock

BRITT, Justice.

All of defendant’s assignments of error relate to the prosecutor’s jury argument and the trial court’s jury instructions. We find no merit in any of the assignments and leave undisturbed the judgment of the trial court.

Defendant contends first that the prosecutor violated his rights guaranteed by Article I, Section 23, of the state constitution, and the fifth and fourteenth amendments to the federal constitution “by arguing to the jury that evidence of defendant’s post-arrest silence was evidence of his guilt of the crimes charged.”

Defendant testified that while he was present…