IRVIN v. STATE

No. 4562.

560 P.2d 372 (1977)

Danny Lane IRVIN, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

February 17, 1977.


Attorney(s) appearing for the Case

Gerald M. Gallivan, Laramie, signed the brief and appeared in oral argument on behalf of the appellant.

V. Frank Mendicino, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Crim. Div., and Thomas J. Carroll, Legal Intern, Cheyenne, signed the brief and Allen Johnson, Student Intern, Cheyenne, appeared in oral argument on behalf of the appellee.

Before GUTHRIE, C.J., RAPER, THOMAS and ROSE, JJ., and HAMM, District Judge.


RAPER, Justice.

During cross-examination of the defendant, the county and prosecuting attorney asked the defendant why he had not told the police about his alibi which he brought out for the first time in his defense. In closing argument the county attorney dwelt at length on the failure of the defendant to inform the police of his alibi, implying fabrication. After being given the Miranda warning following arrest, the defendant had elected to remain silent.

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