Roberts v. State

Duckworth, Justice.

Grounds 1 and 2 of the amendment to the motion for a new trial complain because the defendant’s request to be sworn and examined by counsel for the State and for the defendant was denied in the following language: “I am going to let him make a statement. The law does not allow a defendant to be sworn and examined.” In support of these grounds it is contended that the provisions of the Code, § 38-415, are designed for the benefit and protection of a defendant; and that the part of the section to the effect that the prisoner shall not be compelled to answer any question on…