Washington v. State

ORFINGER, Judge.

Appellant, charged with the crime of robbery with a firearm, was convicted after a jury trial. When he testified in his own defense that someone else had left the stolen articles in his car, a man he had met that evening, the prosecutor asked him:

Q: Did you tell the police officers that when they stopped you and told you about the robbery?

A: No. I didn’t say nothing.

Appellant’s objection and motion for mistrial were denied.

The question concerning appellant’s silence when detained by the police was constitutionally prohibited, and constitutes reversible error without regard to…