State v. Nott

The opinion of the court was delivered by

McFarland, J.:

This is an appeal by the State on a question reserved pursuant to K.S.A. 22-3602(b)(3). The question on *35which determination is sought is whether the trial court improperly prohibited the State from cross-examining defendant Clemens C. Nott relative to his invocation of the Fifth Amendment to the United States Constitution in the earlier trial of two codefendants.

The relevant facts are as follows. On December 13, 1981, the Wetmore High School was burglarized and school property valued in excess of $100 was stolen. Five individuals were…