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WORTHINGTON v. STATE

No. 3-678A136.

391 N.E.2d 1164 (1979)

John D. WORTHINGTON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

July 17, 1979.

Attorney(s) appearing for the Case

James A. Greco, Greco, Gouveia, Miller & Pera, P.C., Gary, for defendant-appellant.

Theo. L. Sendak, Atty. Gen., Elmer Lloyd Whitmer, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Presiding Judge.

John Worthington was subpoenaed by the state to testify against his wife in her trial for second degree murder. On November 29, 1977, the second day of that trial, Worthington's counsel received a memorandum from the state analyzing the effect a grant of immunity would have on its ability to subsequently file charges against Worthington. The memorandum concluded by requesting the court to grant him immunity. Outside the presence of the jury...

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