Wyatt v. State

WALDEN, Judge.

The defendant was convicted of robbery and appeals. We reverse because of an erroneous interpretation and application of Rule 1.250, F.R.Cr.P., 33 F.S.A., it being exactly worded as Section 918.09, F.S.1969, F.S.A. The provision is:

“918.09 Accused may make himself a witness. — In all criminal prosecutions the accused may at his option be sworn as a witness in his own behalf, and shall in such case be subject to examination as other witnesses, but no accused person shall be compelled to give testimony against himself, nor shall any prosecuting attorney be permitted before the…