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We also note that this case is different from the case we have discussed above, where a defendant is not charged with manslaughter but rather with driving under the influence, because in the latter case, the jury could possibly use the evidence of defendant’s drinking to justify a finding of involuntary manslaughter. However, in our case, the evidence of defendant’s consumption of alcohol and the manner in which it affected defendant’s driving must be completely disregarded by the jury before it can return a verdict of manslaughter.
We find that the evidence presented by the state was clearly insufficient to allow the jury to find that defendant was guilty of the crime of manslaughter. The trial court erred in denying defendant’s motion for a directed verdict.
The remaining assignment of error deals with the failure of the trial court to allow defendant to testify at the jury trial on the merits. The motion to amend the motion for a new trial as grounds for appeal similarly dealt with the denial of the right of defendant to testify.
La.Const. art. I, § 13 provides that a person charged with crime shall be confronted by his accusers, shall have the opportunity to cross-examine his accusers, and shall have the right against self-incrimination. The right to confront witnesses was established in 1789 in the first of the United States Constitutions, see U.S.Const. amend. VI, and it was incorporated into the Louisiana Constitution in 1879. See La. Const. art. 1, § 13.
In State v. Roy, 351 So.2d 454 (La.1977), in the case of a jury trial, the Louisiana Supreme Court adopted the reasoning of the United States Supreme Court in concluding that a defendant is compelled to testify if the jury can impose a conviction based solely on the defendant’s own testimony. There, the court stated that when a jury weighs the truth of the defendant’s testimony “it is not only deciding whether the defendant is telling the truth, it is deciding the truth of the case and one’s guilt or innocence, even beyond a reasonable doubt.” *365 Id. at 457. The court went on to state, “That the defendant testifies and the jury can render a guilty verdict based
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