O'Bryan v. State

In a prosecution by the state in the district court for *734Douglas county, Robert C. O’Bryan, defendant, was convicted of conspiring with others to commit .a felony, and for that offense was sentenced to serve a term of one year in the penitentiary and to pay a fine of $1,000. As plaintiff in error he presents for review the record of his conviction.

It is argued that the prosecution should have been abated and the proceeding dismissed on the ground that a prosecuting attorney invaded a constitutional right of defendant by requiring him as a subpoenaed witness to testify against himself before…