State v. Luscombe

This is an appeal by the state from the judgment of the trial court sustaining defendant’s motion to suppress his self-incriminating testimony given at the preliminary hearing of another. The facts are not in dispute.

Defendant was subpoenaed and called as a witness by the state at the preliminary hearing for Claude F. Thompson, Jr. who was charged with obtaining a warrant-check in the amount of $994.97 from the City of Herington, Kansas, by the devise of a faked writing with intent to defraud said city. At the time defendant testified he was not represented by counsel, not under arrest, and…