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his presence in court at the time of the trial to his disadvantage. The decisions are uniform in holding that in a criminal case the State is entitled to the aid of counsel from its own *215 sources. Bell v. State, 100 Ark. 489, 140 S.W. 677.
In Potts v. State, 194 Ark. 399, 107 S.W.2d 707, 708, we said: “It is true that when the defendant’s counsel was absent at the time of the arraignment he had no opportunity to advise the accused of his rights under the Constitution and other rules, but the court proceeded, as permitted by the statute, to inform the accused of his rights and entered an order accepting the plea of guilty. The proceedings were all conducted in the absence of the defendant and his counsel. This procedure is not unusual, and it is not unusual for the court to question the defendant personally in order to determine whether he is in fact guilty and to ascertain the extent of his participation in the offense. These questions cannot be reasonably answered by the defendant without benefit of advice of counsel.” In the Potts case, the Supreme Court of the United States had taken the same view of the law. See Agnello v. United States, 269 U.S. 20, 46 S.Ct. 4, 70 L.Ed. 145.
If the Constitution does not in specific terms protect an accused from being placed in jeopardy in absence of counsel, certainly it does not in any manner prohibit the State from engaging in a practice which will deprive him of such protection. The practice is not new, but rather is of ancient standing, and was recognized and approved in Pernambuco v. Gonzales, 2 Wall. 256, 17 L.Ed. 621, and Cook v. Hart, supra.
We also think the constitutional guarantee of “due process of law” and the absence of “jurisdiction” of the person cannot be avoided by procuring the evidence by means of a lie detector test. See discussion in Simon v. State, Tex.Cr.App., 382 S.W.2d 280.
Moreover, we think the above rule is not applicable to criminal prosecutions for drunken driving or similar offenses. The provision for the services of a physician is not in any manner exclusive of the provision for the services of an attorney.
The order quashing the information in cause number 8351 is affirmed.
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