State v. Flores

NOBLE, Justice.

Bennie Flores, convicted of burglary and larceny, has appealed, urging violation of his constitutional guaranty against self-incrimination and insufficiency of the evidence to support a verdict of guilty.

Upon authority of State v. Miller, 76 N. M. 62, 412 P.2d 240, opinion filed March 14, 1966, the case must be reversed because the prosecution in its closing argument to the jury commented upon Flores’ failure to testify in his own behalf, indicating that such failure could be construed as an indication of guilt. Griffin v. State of California, 380 U.S. 609, 85 S.Ct. 1229, 14…