Jackson v. State

Banke, Judge,

concurring specially.

While I agree with all that is said in the majority opinion, I wish to express my agreement with the trial court that Code Ann. § 2-109 does not give a defendant the right to make an unsworn statement to the jury under the guise of a closing argument. Furthermore, the defendant’s right to conduct his own examination of witnesses would be subject to the rules of the court. For example, under Rule 88 of the Rules of the Superior Courts (Code Ann. § 24-3388, formerly Code § 24-3359) each party is limited to only one. counsel in examining any given witness. See Smith v. Goodwin, 103 Ga. App. 248 (5) (119 SE2d 35) (1961).