State v. Hoyle

In State v. Hoyle, 325 N.C. 232, 382 S.E.2d 752 (1989) the defendant was arrested for murder, advised of his Miranda rights, and declined to speak with police regarding the alleged murder. Id. at 234, 382 S.E.2d at 753. At trial, the defendant testified that the decedent had attacked him, that he had reached for his gun to defend himself, that the two men struggled for the gun, and that the gun accidentally discharged and hit the decedent. Id. The State then impeached the defendant by questioning him on cross-examination regarding his decision not to tell this story to police when police arrested him. Id. at 235-36, 382 S.E.2d at 753-54.