State v. Elmore

SEILER, Presiding Judge.

This is an appeal from a conviction of second degree murder with a 35-year sentence assessed by the court when the jury was not able to agree upon punishment.

The sole contention of error is that in violation of his rights against self-incrimination, evidence was received that defendant while in jail awaiting trial did not volunteer to the authorities his explanation of self-defense to the charge against him.

Defendant was interrogated by the state as follows:

“Q: (By Mr. Peak) Well, you know that you won’t be convicted if you have the defense of self-defense, are you…