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This section contains the nature of the case and procedural background.

Brooks (D) was indicted on charges of armed robbery and unlawful possession of a pistol. During the trial and at the close of the State's case, defense counsel moved to delay D's testimony until after other defense witnesses had testified. The prosecutor agreed to waive the statute, but the trial judge refused and told D that the law is the law and if he was to testify he must testify first. The defense then called two witnesses and D did not take the stand. D was convicted and appealed.

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