Miller v. State

On the trial of this case, and after the State had rested, the counsel for the, accused offered the statement of the prisoner, under oath, as to the matter of his defense, which the court refused to allow, unless he was put upon the stand as a witness, subject to cross-examination.

The statute of 1865, Chapter 1172; Section é, provides that “ in all criminal prosecutions, the party accused shall have the right of making a statement of the matters of his or her defense, under oath, before the jury, when, in the opinion of the court, the ends of justice shall so require.”

Under this act, it was…