STATE v. URQUHART

No. 13818.

665 P.2d 1102 (1983)

105 Idaho 92

The STATE of Idaho, Plaintiff-Respondent, v. Daniel URQUHART and Gerald Baxter, Defendants-Appellants.

Court of Appeals of Idaho.

June 28, 1983.


Attorney(s) appearing for the Case

David Z. Nevin, Chief Appellate Deputy Public Defender, Boise, for defendants-appellants.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Boise, for plaintiff-respondent.


BURNETT, Judge.

Two prisoners, Daniel Urquhart and Gerald Baxter, were caught trying to flee from the Idaho State Correctional Institution (ISCI). They stood trial together on charges of attempted escape. During the state's case in chief, the jury was informed that Urquhart had chosen to remain silent after receiving a Miranda warning. Defense counsel promptly but unsuccessfully moved for a declaration of mistrial. Urquhart and Baxter ultimately were found...

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