Shoffeitt v. State

Frankum, Judge.

1. We reverse the judgment of the trial court overruling the defendant’s motion for new trial because, as shown by special ground 2, the court permitted, without the consent of the accused and over his objection, counsel for the State to cross-examine him “at the time” he made his unsworn statement to the court and jury in his defense.

The statutory law of this State with reference to the right of one on trial in a criminal case to make an unsworn statement to the court and jury in his defense is embodied in Code § 38-415, and this section provides in part: “The prisoner shall…