State v. Huffstetler

The evidence presented by the State, in addition to the prosecuting witness and investigating officer, came from three of the persons who were in the company of defendant at the time the offenses were committed. One other who was present, according to the evidence, was called to testify for defendant. He was allowed to refuse to answer the questions of defendant’s attorney on the ground that the answers “might tend to incriminate him”. The defendant assigns as error (assignment of error no. 2) the court’s permitting him to refuse to answer. This witness, it is true, had plead guilty to and…