HINES v. PEOPLE

No. 24618.

497 P.2d 1258 (1972)

John M. HINES, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

June 19, 1972.


Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Asst. Atty. Gen., Denver, for defendant in error.


HODGES, Justice.

Defendant John M. Hines was charged with burglary and found guilty by a jury. By writ of error, he urges reversal on the ground that the prosecution's questioning and closing argument brought forth impermissible references concerning the fact that defendant had exercised his Fifth Amendment right to remain silent when questioned by the police. We agree, and therefore, reverse the judgment and remand this cause for a new trial.

The defendant...

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