State v. Dessureault

STRUCKMEYER, Justice.

Appellant Robert Gary Dessureault on his motion for rehearing addressed to our decision of April 30, 1969, 104 Ariz. 380, 453 P.2d 951, calls to our attention the statement “However, any prejudice which might have resulted was cured by the defendant taking the witness stand.” The defendant did not take the witness stand in the presence of the jury. His testimony was introduced at the trial at a time when the jury was excused from the courtroom.

Notwithstanding, we do not believe the lower court’s error in examining prospective jurors as to whether they would hold it…