State v. Lewis

— A defendant in a criminal action asserts that the State used his pre-arrest silence against him as substantive evidence of his guilt in its case in chief in violation of the Fifth Amendment. We conclude that neither the State’s witness nor the prosecutor in argument made any comment on the defendant’s pre-arrest silence. We affirm the conviction.

Facts

The State charged Ricky Lee Lewis with the rape of R.M. and with the assault of J.S. based on two separate events which occurred several days apart. The charges were tried together. In testimony regarding the rape *702charge, the victim testified…