Tucker v. State

GIVAN, Justice.

A jury trial resulted in a conviction of appellant of the crime of Delivery of Cocaine, a Class A felony, for which he received a sentence of forty (40) years.

During the State’s case-in-chief, the prosecutor called a witness, James Eller, who was a confederate of appellant in the charged crime. When the clerk administered the oath, Eller refused to take it. When the court ordered Eller to take the oath and he refused, he was held in contempt. This was done over the strenuous objection of appellant’s counsel. Appellant’s counsel then moved for the court to instruct the jury to…