People v. Dailey

Defendant Patrick James Dailey was convicted by a jury of the crime of unlawfully driving away a motor vehicle, MCLA § 750.413 (Stat Ann 1954 Rev § 28.645). He appeals as of right.

The defendant charges that the prosecutor, in cross-examination of the defendant who took the stand during his trial, and in final argument to the jury, denied defendant due process and a fair trial *314by improperly commenting on defendant’s exercise of his constitutional right to remain silent. Defendant objects to the following questions by the prosecutor :

“Q. Did you see Patrolman Moses Dunn ask you why you were…