Opinion Concurring in Result
Prentice, J.I concur in the result reached by the majority.
Upon Issue II, I do not agree that a waiver of objection to the revelation that a polygraph test had been given would not ordinarily be a waiver of objection to the admission of the results of such test. It appears to me that to open the door for a peek at such information and then to slam it shut without a full view of the evidence could serve no useful purpose and might well invite much mischief. Inasmuch as this occurred in this case in a hearing upon the voluntariness of the confession and in the absence of the jury, I conclude that it was not error in this case.
Upon Issue IV, I depart from the majority view to the extent that it might imply that one of two or more jointly charged criminal defendants may waive his co-defendant’s constitutional rights to be tried in the county in which the offense was committed. In this case, however, the defendant acquiesced in the change of venue by his failure, thereafter, to take timely steps for a separate trial and further by proceeding in the Hamilton Circuit Court, without objection, after the change had been perfected.
Hunter, J., concurs.
Note. — Reported at 351 N.E.2d 4.