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JONES v. STATE

317 A.2d 109 (1974)

Maurice L. JONES, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

March 6, 1974.

Attorney(s) appearing for the Case

Angelo Falasca, Asst. Public Defender, Wilmington, and Walter E. Smith, III, Asst. Public Defender, Wilmington, of counsel for defendant below, appellant.

Daniel F. Wolcott, Jr. and Charles P. Brandt, Deputy Attys. Gen., Wilmington, for plaintiff below, appellee.

Before HERRMANN, C. J., CAREY and DUFFY, JJ.

HERRMANN, Chief Justice:

The defendant Maurice Jones seeks review of his conviction for burglary (11 Del.C. § 395) and conspiracy (11 Del.C. § 105).

The sole question presented is whether the prosecutor's comments to the jury, upon the defendant's silence at the time of arrest, constituted reversible error.

Responding to a burglary call, the police apprehended the defendant and co-defendants John Carroll and Robert Lee Guyton inside an unoccupied...

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