STATE v. PORTER

No. 62013.

283 N.W.2d 351 (1979)

STATE of Iowa, Appellee, v. Junior Allen PORTER, Appellant.

Supreme Court of Iowa.

September 19, 1979.


Attorney(s) appearing for the Case

Martha Sheppard and Robert R. Rigg, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Lona Hansen, Asst. Atty. Gen., and Dan Johnston, County Atty., for appellee.

Considered by REYNOLDSON, C. J., and UHLENHOPP, HARRIS, ALLBEE, and LARSON, JJ.


HARRIS, Justice.

During the defendant's trial for breaking and entering with intent to commit larceny (§ 708.8, The Code 1977) evidence was admitted of the exercise of his right to remain silent. We reverse the judgment of defendant's conviction and remand the case for a new trial.

Defendant and a companion were arrested during the nighttime of October 28, 1979, in the Willard Elementary School in Des Moines, Iowa. Defendant readily admitted at trial...

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