Martin v. State

Theophilus Martin appeals his conviction for aggravated assault and unlawful possession of a firearm and raises three points on appeal, of which only the second is necessary to consider, to wit: the trial court erred in overruling defendant’s objection and in failing to declare a mistrial when the prosecutor persistently cross-examined the defendant about his failure to make an exculpatory statement to the police after being advised of his rights to remain silent. We find this point has merit.

During the prosecutor’s recross examination of the defendant, the following colloquy occurred:

“RECROSS…