People v. Bobo

The defendant, Ned Ladd Bobo, was arrested on June 5, 1968 and convicted of entering without breaking with intent to commit larceny in violation of 1931 PA 328, § 111, as amended by 1964 PA 133, §1; MCLA 750.111; MSA 28.306. On June 26, 1972 the Court of Appeals affirmed his conviction.

The question before us as posed by defendant is as follows:

"Where an accused exercises his constitutional right to remain silent at the time of arrest, does the use of such silence against him at trial under the doctrine of impeachment by prior inconsistent statement constitute prejudicial error where he made…