State v. Breest

The issues raised by the defendant are whether he was prejudiced by having a state’s witness claim the privilege against self-incrimination before the jury and then testify under a grant of immunity and whether the prosecutor’s argument to the jury denied him a fair trial.

Defendant was tried before a jury after being indicted for burglary. He was found guilty and his exceptions were transferred by Keller, C.J.

During the course of the trial, a witness for the State claimed the privilege against self-incrimination before the jury. During a recess and in the absence of the jury, the witness was…