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STATE v. SCHELL

No. 69-159.

222 So.2d 757 (1969)

STATE of Florida, Plaintiff, v. James Leslie SCHELL and John Mitchell, Defendants.

District Court of Appeal of Florida. Second District.

Rehearing Denied June 11, 1969.

Attorney(s) appearing for the Case

Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., Tallahassee, for the State.

Eli S. Jenkins and C.J. Abernathy, of Jenkins, Abernathy & Dugan, St. Petersburg, for defendant Mitchell.

John L. Riley, of Riley, Davis, Schowe & Saltsman, St. Petersburg, for defendant Schell.

LILES, Chief Judge.

The following question has been certified to this court pursuant to F.A.R. 4.6, 32 F.S.A.:

MAY A DEFENDANT IN A CRIMINAL CASE REQUIRE THE TESTIMONY OF A WITNESS IN HIS BEHALF UNDER § 932.29 FLORIDA STAUTES AND THEREBY CREATE IMMUNITY IN THE SAME MANNER AS MAY THE STATE?

This question arises because codefendants Schell and Mitchell have been charged with maintaining a gambling house...

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