Smith v. State

ADAMS, J.:

Appellant was convicted of manslaughter and on this appeal he says the trial court erred in denying his counsel the right to make the opening argument to the jury. . He relies upon Sec. 918.09, F.S. ’41, F.S.A., which provides:

“. . . a defendánt offering no testimony in his own behalf, except his own, shall be entitled to the concluding argument before the jury.”

It was the view of the trial judge that inasmuch as the statute was silent as to the right to make the opening argument he was only entitled to the closing. This precise question has never been presented to us although we…