State Ex Rel. Spencer v. Howe

Defendant appeals a sentence for contempt imposed by the trial court for his refusal to testify when called as a witness for the prosecution in another case. The issues require description of the proceedings in some detail.

Defendant, who was in the custody of the Corrections Division on an earlier conviction, stated when he was called to the stand that he would not testify. After some urging by the court, he was persuaded to take the oath. In answer to the prosecutor’s initial questions he also gave his name and his address, the state penitentiary. After the next question, he told the…