Colbert v. State

Pannell, Judge.

The defendant was being subjected to an in-custody interrogation on the day following his arrest. His own testimony was that he asked for counsel, but did not obtain a lawyer until several days later. The State offered no evidence on this point, but the State’s witness did testify that the statement was made after the defendant indicated his desire to remain silent. Either he was not warned on the burglary charge or, if the warning given went to both offenses, then so did his indication that he wished to remain silent. In any event, the burden is on the State, not on the…