Lingerfelt v. State

Gunter, Justice.

This appeal is from a conviction for murder and a life sentence. This is the second appearance of this case in this court. See Lingerfelt v. State, 231 Ga. 354 (201 SE2d 445) (1973). There we reversed the conviction because the appellant was denied his right to a fair and sifting cross examination during his trial. We must reverse again for exactly the same reason.

At the appellant’s second trial the prosecutor called a co-indictee as a witness for the state. Before the witness was sworn the prosecutor requested the court to advise him of his Fifth Amendment rights inasmuch as…