State v. Smith

Fess, J'.

This is an appeal on questions of law from a judgment and sentence of defendant-appellant upon a verdict of the jury finding defendant guilty of sodomy. The principal error assigned is the admission of testimony pertaining to a polygraph test given defendant.

Upon direct examination of a state highway patrolman, who had interviewed the defendant after his arrest, the following transpired:

“Now Officer Blay, did you ask him at that time whether or not he would take a polygraph test which is a lie detector test?

“Mr. Ischler: Objection.

“The Court: Overruled.

“A. Yes, I did.

‘ ‘ Q. What was…