State v. Mosher

Carley, Justice.

Winston Henry Mosher and a co-defendant were indicted for murder and the State elected to seek the death penalty against Mo-sher. In an effort to obtain the testimony of the co-defendant, the State offered her immunity and, pursuant to OCGA § 24-9-28 (a), then sought an order from the superior court requiring that she testify. Expressing doubts as to the co-defendant’s credibility, the superior court refused to enter such an order. We granted the application for an interim appeal in order to review the superior court’s refusal to order that the co-defendant testify pursuant to…