State v. Lane

BRANCH, Chief Justice.

The single question presented by this appeal is whether defendant was prejudicially deprived of his constitutional rights when the court permitted the district attorney to cross-examine him concerning his failure to disclose his alibi at the time he made a statement to the police officers or at any time before the trial.

Defendant relies heavily upon the case of Doyle v. Ohio, 426 U.S. 610, 49 L. Ed. 2d 91, 96 S. Ct. 2240 (1976). In Doyle the two defendants were arrested and charged with selling marijuana. They were duly given their Miranda warnings. At trial the…