State v. Hatter

CLEMENS, Senior Judge.

Attempted fraud by offering a forged check. The issue: Where shown in chambers that a proposed defense witness will refuse to testify is it error thereafter in open court to exclude evidence of the refusal by the proposed witness? We say no.

The state charged and showed defendant Willie Hatter, accompanied by Lester Shumpert, presented a forged check to a bank; that before honoring the check the bank teller learned it was forged; that meantime defendant and Shumpert drove off but were soon arrested. The jury found defendant guilty.

Defendant did not testify. Pursuant to…