Patterson v. State

By the Coubt.

If Patterson’s testimony before the grand jury, as reintroduced before the petit jury, constituted testimony in the trial of the case on the merits, then the charge did constitute prejudicial error, for in such case Patterson should not have been linked in the charge with the other three defendants who refused to testify, and the presumption raised against those who did not testify should not have been so extended as to apply to him.

“Testimony” is “a statement made under oath in a legal proceeding; the evidence of a witness given under oath; the statement made by a witness under…