State v. Robbins

OPINION

BROCK, Justice.

Tennessee Code Annotated, Section 40-2403, required that a defendant in a criminal case be his own first witness or forfeit his right to testify at all. In Brooks v. State, 406 U.S. 605, 92 S.Ct. 1891, 32 L.Ed.2d 358 (1972) said statute was held to be unconstitutional because it infringed upon the defendant’s right against self-incrimination and upon his due process right to the “guiding hand of counsel.”

In the case at bar the respondent, Robbins, in his own defense called two other witnesses and then asked permission of the court to testify in his own behalf. His…