Burgan v. State

Each of the joint defendants in the present ease first made a statement in his own behalf, and was then sworn and testified as a witness for the other defendants. Error is assigned because the court charged the jury in thiá connection only the following : . “They have made statements to you in their own behalf, *525in doing so they were not sworn; not subject to cross-examination without their consent. If they failed to tell you the truth, they incurred no penalty by reason of such failure. You may give to their statements whatever weight you may think they ought to have; you may believe it in…