Willey v. State

I do not concur in the. above opinion. If the appellant desired to state his defence before he offered evidence in support of it, he should have offered to do so after the State had introduced her evidence in support of the prosecution, as the code directs. Acts 1873, p. 183. If, then, the court had denied him the right to do so, the question would have been fairly presented. Not having done so, he should be held to have waived the right. What the court decided before the State had introduced any evidence in support of the prosecution was, at most, but an irregularity, for which the judgment…