Stone v. State

Robert Gahagan appeals from a judgment holding him in contempt for refusing, on grounds of possible self-incrimination, to answer questions asked him in a deposition in a civil suit despite a court order compelling discovery. The trial court’s judgment was premised on its belief that Gahagan had partially waived his Fifth Amendment privilege by answering questions on the same subject at a previous coroner’s inquest. We find the waiver does not extend so far and reverse the trial court.

In April 1972, Gregory Stone died from a single gunshot wound in the head he received in appellant Gahagan’s…