People v. Bagby

OPINION OF THE COURT

Alexander, J.

The issue on this appeal is whether a nonparty witness who testifies for the prosecution and is fully cross-examined without *412invoking her 5th Amendment privilege thereby waives the right to invoke that privilege, in the face of a threat of a perjury prosecution, when recalled as a defense witness and asked the same questions she had previously answered. We hold that under these circumstances, the 5th Amendment privilege against self-incrimination is not waived.

On December 26,1978, members of the Mount Vernon Police Department went to an upstairs apartment…