Frazier v. State

Birdsong, Presiding Judge.

Willie Frazier appeals his conviction of burglary; he enumerates three errors. Held:

1. Appellant asserts that as Ms. Davis is his common law wife, the trial court erred in allowing her to testify in violation of OCGA § 24-9-23. We disagree.

Ms. Davis was indicted as a co-defendant with appellant. In anticipation that she would invoke her privilege against self-incrimination, the State granted her use and derivative use immunity with regard to any testimony or evidence she may give at appellant’s trial, and petitioned for an order from the trial court compelling her to…