91 Tenn. 723 | Tenn. | 1892
John and Janies Richards were jointly indicted for murder, and tried together. Both were convicted' — James of an assault and battery, and John of voluntary manslaughter. The latter only has appealed. After the conclusion of the State’s evidence, the defendants announced their purpose to testify as witnesses, each for himself. James was first offered for examination, whereupon the Court, on motion of the District Attorney, ordered that John should be placed under the rule, and excluded from the court-room during the examination of his co-defendant. To this ruling, and against his consequent exclusion from the courtroom while his co-defendant was being examined, John Richards excepted. The ruling of the Court was erroneous.
The Constitution guarantees to every defendant in a criminal prosecution “the right to be heard -by himself and his counsel.” Art. I., Sec. 9.
This guarantee includes the right to be present at every stage of the trial. Andrews v. State, 2 Sneed, 550; Witt v. State, 5 Cold., 11; Cooley’s Constitutional Limitations, 390.
It has been suggested that the right of a defendant to testify in a criminal prosecution is by the statute conferring the right limited to the delivery of evidence “for himself,” and that he may not testify either for or against a co-defendant. If this were' conceded, it would nevertheless be error to prevent a co-defendant from being present during such evidence. How else could he see- and
Eor this error, ás well as for another occurring in the charge, and which we state orally, this case must be reversed and remanded for a new trial.