State v. Higgins

The opinion of the court was delivered by

Allegrucci, J.:

The defendant, Dwight Higgins, was con victed by jury trial of one count of aggravated robbery (K.S.A. 21-3427), one count of aggravated battery (K.S.A. 21-3414), and one count of aggravated burglary (K.S.A. 21-3716). Defendant was sentenced to a controlling térm of imprisonment of fifteen years to life. He appeals from his conviction.

Defendant first contends that the State’s attorney impermissibly commented upon his failure to protest his innocence after he was arrested. The subject of defendant’s silence initially arose during the…