Lively v. State

Hall, Justice.

Lively appeals from a conviction of murder and sentence of life imprisonment.

At the trial, the state called as a witness Browning, an accomplice who had been separately indicted and separately tried. Browning was asked, "Where were you and who were you with on the evening of Saturday, March 8, 1975.” He replied, "I was with Louis Lively at Buck’s Liquor Store.” (The murder occurred on that date at the named location). Following this question and answer, Browning refused to answer any further questions claiming his Fifth Amendment privilege against self-incrimination. Lively’s…