Scott v. State

FRANK D. UPCHURCH, Judge.

This is an appeal from a judgment and sentence of the Circuit Court for Orange County involving the offense of receiving stolen property.

Appellant raises as error that the trial court failed to grant appellant’s motion for mistrial when the state produced testimony as to appellant’s post arrest silence.

We reverse.

On March 23, 1977, appellant was arrested in connection with the theft of an automobile and was advised of his Miranda rights. During the trial, the prosecution asked Officer Eagle, the arresting officer, the following question:

Q. Did you have further…