State v. Duffy

The state contends that it was taken by surprise by the adverse testimony of its witness; the facts, in substance, being that he had made a sworn, written statement to the county officials in which he related all the details of the crime and named and identified his three associates; that Musolino was the first to be tried and he did not take the witness stand in his own behalf; that he took the witness stand for the first time at the trial of the defendant; that “the state was naturally surprised at Musolino’s failure to testify at Duffy’s trial in accordance with his sworn confession and…