People v. Dikeman

The district attorney brings this appeal solely on a question of law pursuant to section 16-12-102, C.R.S. 1973. A jury acquitted the defendant of first-degree assault. The issue is whether the trial court erred in permitting defense counsel to question a witness called by defendant when defense counsel knew that the witness would claim, in the presence of the jury, a valid privilege not to answer the question on the grounds of self-incrimination.

The defendant and Mark Benning were charged with first-degree assault against the person of John Martinez. The charge against Benning was dismissed…