State v. Montanez

The opinion of the court was delivered by

Harman, C.:

This is an appeal by the state on a question reserved in a prosecution for the unlawful sale of hashish. The state’s only witness as to the alleged sale upon cross-examination invoked his privilege against self-incrimination and refused to answer whether he had illegally sold drugs. The trial court then ordered the witness’ direct testimony stricken. The state being unable to prove its case, the defendant was discharged and this appeal ensued.

Trial was to the court. The witness, Michael Stewart, who was paid by the hour by the Manhattan…