State v. Smart

CLARK, Judge.

Lillian E. Smart was convicted by a jury of two counts of stealing property valued at more than $150.00. She was sentenced to consecutive terms of three years and two years. On this appeal, she contends in two allegations of error that the trial court erred in overruling her objection and in denying a mistrial when testimony was presented commenting on her post-arrest silence during interrogation.

The facts bear only generally on the points raised and were essentially undisputed. On August 28,1986, Smart entered the Helzberg’s jewelry store at the Ward Parkway Shopping Center. She…