¶1dissenting.
¶21. Brady v. Maryland, 373 U. S. 83 (83 SC 1194, 10 LE2d 215) and related cases condemn the suppression of material evidence which is favorable to the accused. Essentially these cases require the prosecution, upon proper inquiry, to disclose such evidence to defense counsel. There is no issue of suppression when defense *68counsel is cognizant of the evidence. Such is the case here. Defense counsel knew of the witnesses’ contradictory statements before trial. As a matter of fact the contradictory statements were admitted by the witnesses at the trial. The prosecution did not suppress any material evidence favorable to the accused. So far as shown here the witnesses’ alleged statements to the police are consistent with their testimony at the trial. I can find no error.
¶32. In my opinion King’s testimony concerning the commission of sodomy with the defendant is not reversible error. The reason for King’s leaving the state on one occasion was injected into the trial by defense counsel. Thereafter the prosecution was free to inquire into all the circumstances surrounding this incident.
¶43. A detective’s testimony that the defendant was evasive in his answers during interrogation is not error. A witness may describe the demeanor of the defendant as he observes it.
¶5I am authorized to state that Justice Hall joins in this dissent.