Bell v. State
Mississippi Supreme Court
Appeal from the circuit court of Lee county. Hon. Lock E. Houston, Judge. • Appellant was indicted and convicted upon a charge of assault and battery with intent to kill.
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Appeal from the circuit court of Lee county. Hon. Lock E. Houston, Judge. • Appellant was indicted and convicted upon a charge of assault and battery with intent to kill. Pending the trial of the cause and after the evidence for the state had been introduced, the court informed the attorneys for the defendant that if the defendant desired to testify, he must be examined before any of his witnesses; To this defendant excepted, and being a witness and desiring to testify he was examined first, in obedience to the requirement of the court. Testimony was offered by the defendant to prove threats…
1Opinion of the CourtCoopek, J.
The court should not have required the accused, as a condition upon which he would be permitted to testify at all, to take the stand before examining other witnesses whom he desired to introduce. One charged with a felony has a right to be present in court during the whole of the trial, and unless he voluntarily absents himself from the court, the trial may not proceed in his absence. The right to be present during the examination of his ■other witnesses, and the right to testify in his own behalf, are both ¡secured and equally secured to the accused by law, and neither may lbe denied or…
2Cited by18 opinions
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- Roberson v. StateMississippi Supreme Court · 1966
- Pearson v. StateMississippi Supreme Court · 1965
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