Price v. State

Did the conduct of the prosecutor in calling the witness to the stand, though he knew that the fifth amendment would be invoked, constitute prejudicial error warranting a new trial?

Rogers, McLaughlin, and the defendant herein, Price, were all codefendants, but a motion for severance and separate trial was granted. Both Rogers and McLaughlin testified at the preliminary examination. Shortly before the trial began, apparently on the very morning of trial, McLaughlin’s attorney told the prosecutor that his client would invoke his fifth-amendment privilege and refuse to testify. Shortly after the…