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STATE v. ROBBINS

519 S.W.2d 799 (1975)

STATE of Tennessee, Petitioner, v. Lamar ROBBINS, Respondent.

Supreme Court of Tennessee.

January 20, 1975.

Attorney(s) appearing for the Case

R. Jackson Rose, Asst. Atty. Gen., R.A. Ashley, Jr., Atty. Gen., Nashville, for petitioner.

John L. Alley, Hixson, for respondent.

OPINION

BROCK, Justice.

Tennessee Code Annotated, Section 40-2403, required that a defendant in a criminal case be his own first witness or forfeit his right to testify at all. In Brooks v. State, 406 U.S. 605, 92 S.Ct. 1891, 32 L.Ed.2d 358 (1972) said statute was held to be unconstitutional because it infringed upon the defendant's right against self-incrimination and upon his due process right to the "guiding hand of counsel...

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