Smith v. State

1. It is not error to allow a stenographic reporter, after refreshing his memory from notes taken at the time, to testify as to a statement made by the defendant on a former trial; and an objection based upon the ground that the notes had not been copied in longhand and submitted to counsel for approval was properly overruled. Moreover, since the defendant in a criminal case, in exercising his statutory right of making a statement to the jury, is not subject to cross-examination, necessarily the well-settled rule as to the necessity of directing the attention of a witness whom it is sought to…