State v. Poynter , 34 Idaho 504 ( 1921 )

MCCARTHY, J.,

Concurring Specially. — For reasons given in the opinion of the Chief Justice on rehearing, the admission of evidence as to appellant’s silence could not be ground for reversal. I see no need of announcing in this case a general rule as to the admissibility of evidence of the silence of one under arrest. I concur in the affirmance of the judgment.

Dunn, J., concurs in the views above expressed by Justice McCarthy.