78 Ala. 482 | Ala. | 1885
The sole question in this case arises under statute No. 80, approved February 17,1885 — Sess. Acts, 139— which provides, “ That on the trial of all indictments, complaints, or other criminal proceedings, the person on trial shall, at his own request, but not otherwise, be a competent' witness; and his failure to make such request shall not create any presumption against him, nor be the subject of comment by counsel.” The accused in this case was indicted, with five others, for the crime of burglary; and all were on trial together, under their several pleas of not guilty. ‘‘Each of said other five defendants was, at his own request, put upon the stand as a witness, and this defendant asked the court to allow each of said witnesses to testify in his, this defendant’s behalf; to which the solicitor objected, and the eourt sustained the objection, and limited the testimony of each of said defendants to his own case.” Defendant excepted.
Defendants, in criminal prosecutions, are not made competent witnesses in general terms, nor in all cases. It is only at
What we have said above, it seems to ns, naturally springs out of the statute, and the language in which it is expressed. We are, however, not without light on this question. Other States have statutes similar to ours, and their rulings are in harmony with our views.' — Whar. Cr. Ev. § 438; 1 Bish. Cr. Pro., 3d ed., §§ 1181 et seq.; Brandon v. People, 42 N. Y. 265; Clark v. State, 50 Ind. 514; State v. Horne, 9 Kans. 119; State v. Kohn, 9 Nev. 179; State v. Huff, 11 Nev. 17; State v. Gigher, 23 Iowa, 318.
.Reversed and remanded.