GOMEZ v. STATE

No. 85-95.

718 P.2d 53 (1986)

Elias GOMEZ, Appellant (Defendant), v. The STATE of Wyoming, Appellee. (Plaintiff).

Supreme Court of Wyoming.

April 28, 1986.


Attorney(s) appearing for the Case

Robert J. Reese, Green River, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Senior Asst. Atty. Gen., and Michele V.K. McKellar, Legal Intern, for appellee.

Before THOMAS, C.J., and BROWN, CARDINE, ROSE and ROONEY, JJ.


THOMAS, Chief Justice.

The question of whether the prosecutor, during a trial of Elias Gomez for the offense of driving while under the influence of an intoxicating beverage, made a comment upon Gomez' exercise of his constitutional right of silence is the primary concern presented in this case. A secondary question is asserted which claims reversible error based upon the failure of the county court to give a cautionary instruction on the burden of proof at the time...

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