Smith v. State

Defendant brings this appeal urging that the trial court erred in allowing into evidence (1) police testimony during the prosecution’s direct examination and (2) defendant’s testimony during cross-examination of the fact that defendant remained silent during pre-arrest custody.

On April 12, 1976, defendant was informed against for the crime of attempted first degree murder.1 Following a plea of not guilty and the waiving of a jury, defendant went to trial on May 11,1976. The case was recessed until June 23, 1976, at which time defendant was found guilty as charged, with adjudication entered on…