STATE v. KENNER

No. 19354.

826 P.2d 1306 (1992)

121 Idaho 594

STATE of Idaho, Plaintiff-Respondent, v. Marvin Earl KENNER, Defendant-Appellant.

Supreme Court of Idaho, Boise, November 1991 Term.

February 26, 1992.


Attorney(s) appearing for the Case

Byington, Holloway, Whipple & Jones, Chtd., Burley, for defendant-appellant. E.W. (Skip) Carter, argued.

Larry J. EchoHawk, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen. (argued), Boise, for plaintiff-respondent.


JOHNSON, Justice.

This is a criminal case. The primary issue we consider is whether the trial court violated the defendant's privilege against self-incrimination by inquiring in the presence of the jury whether the defendant wished to testify. We hold that this did not violate the fifth amendment, because it was not an adverse comment regarding the defendant's failure to testify. The appellant did not preserve the other issues raised on appeal by presenting them to...

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