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PRICE v. STATE

37 Wis.2d 117 (1967)

PRICE, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

November 28, 1967.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Robert H. Friebert, public defender.

For the defendant in error the cause was argued by E. Michael McCann, assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, and Hugh R. O'Connell, district attorney.

HEFFERNAN, J.

Did the conduct of the prosecutor in calling the witness to the stand, though he knew that the fifth amendment would be invoked, constitute prejudicial error warranting a new trial?

Rogers, McLaughlin, and the defendant herein, Price, were all codefendants, but a motion for severance and separate trial was granted. Both Rogers and McLaughlin testified at the preliminary examination. Shortly before the trial began, apparently on the very...

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