Rows v. State

Robinson J.,

dissenting. Over objection and exceptions, the state was permitted to introduce at the trial in circuit court the testimony of the defendant taken before the prosecuting attorney. The prosecuting attorney was in a position to argue it to the jury as the sworn testimony of the defendant, although the defendant did not testify at the trial. In my opinion this was testimony taken by the prosecuting attorney in accordance with the statute authorizing the taking of such testimony. Ark. Stat. § 43-801 provides: ‘ ‘ The prosecuting attorneys and their deputies ... shall have authority to…