State v. Beshears
Decision Date | 14 December 1965 |
Docket Number | No. 51485,51485 |
Citation | 138 N.W.2d 886,258 Iowa 389 |
Parties | STATE of Iowa, Appellee, v. William BESHEARS, Appellant. |
Court | Iowa Supreme Court |
William F. Denman, Des Moines, for appellant.
Lawrence F. Scalise, Atty. Gen., Jack M. Fulton, County Atty., and Robert M. Fassler, Asst. County Atty., for appellee.
Defendant appealed from the judgment on a jury verdict finding him guilty of the crime of larceny. He did not testify at the trial. The sole error alleged is the giving of Instruction No. 10, which states:
The state concedes a reversal is necessary as this case is controlled by State v. Johnson, Iowa, 135 N.W.2d 518, in which we follow Griffin v. State of California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106. There, the majority of Supreme Court of the United States held a similar instruction violated the 'Self Incrimination Clause of the Fifth Amendment * * * made applicable to the States by the Fourteenth'.
This case is therefore reversed and remanded for new trial.
Reversed and remanded.
All Justices concur.
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...in his own behalf, his failure to do so may be considered as an inference of guilt. State v. Johnson, Iowa, 135 N.W.2d 518; State v. Beshears, Iowa, 138 N.W.2d 886. The Fifth Amendment of the Federal Constitution provides that 'No person shall be * * * compelled in any criminal case to be a......
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