Baggett v. United States

Appellant was convicted of taking property without right, D.C.Code § 22-3816 *445(1986 Supp.). Appellant argues, and the government concedes, that the trial court committed reversible error by relying on appellant’s post-arrest silence as evidence of his guilt. We agree, reverse, and remand for a new trial.

Appellant was an employee at a restaurant owned by the complainant. One Monday morning, appellant offered to take the money received over the weekend to the bank for deposit. The complainant gave appellant about $1,200 in cash and one or two checks. Appellant left the restaurant with the money,…