Eisenstein v. State

This is an appeal from a judgment entered on a verdict, rendered by a jury, finding the appellant guilty of having in his possession lottery paraphernalia.

This lottery paraphernalia was obtained by the officers from the person of the appellant without a search warrant. The appellant claims that the court erred in refusing to permit the appellant to become a witness in his own behalf, out of the presence of the jury, for the limited purpose of testifying to facts and circumstances concerning his arrest and the seizure of his papers. In view of the words “at any time” used in the Acts of 1939,…