(Download) "State v. Wilkas" by Supreme Court of Connecticut * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Wilkas
- Author : Supreme Court of Connecticut
- Release Date : January 06, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The defendant was convicted by a jury in the Circuit Court of selling liquor to a minor in violation of 30-86 of the General Statutes. The defendant did not testify, and the court charged the jury, as was then permissible, as to the circumstances which would permit an inference to be drawn from the failure of an accused person to testify. State v. Nelson, 139 Conn. 124, 127, 90 A.2d 157. No exception was taken to the charge. The defendant appealed to the Appellate Division of the Circuit Court on other grounds. During the pendency of that appeal, the United States Supreme Court in Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106, decided that the fifth amendment to the constitution of the United States, made applicable to the states by the fourteenth amendment, forbids instruction by the court that the accused's silence may be considered as evidence of guilt. In reliance on the Griffin decision, the defendant moved to rectify his appeal to include an attack on the charge, but the Appellate Division denied the motion on procedural grounds and found no error in the trial. From that decision, the defendant sought certification of an appeal to this court on two grounds:
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