McCabe v. State

OPINION

Appellant was tried before a jury and convicted of murder in the first degree. He was sentenced to life imprisonment without the possibility of parole. We affirm.

Prior to trial, the district court held a hearing on a motion by appellant’s counsel for a grant of immunity for two defense witnesses. Both motions were denied. Thereafter, appellant’s counsel called these two witnesses to testify. They both asserted their Fifth Amendment privilege against self-incrimination and refused to testify as to the shooting incident of August 3, 1979, which led to appellant being charged with murder.…