People v. Deberry

Deberry was convicted of theft under *150. On appeal, the dispositive issue raised is whether the State erred in eliciting testimony of defendant’s silence before and after his arrest and in arguing to the jury that this silence was proof of defendant’s guilt.

We reverse. There must be a new trial.

Deberry, who was working for William Worthy, picked up some tires at a tire store in Decatur. The manager of the store testified that he had told defendant he could take tires from the “scrap” group but that subsequently tires were discovered missing from the “casing” group. Defendant testified that he…