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PHILLIPS v. COM.

600 S.W.2d 485 (1980)

Tony PHILLIPS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied July 8, 1980.

Attorney(s) appearing for the Case

Marvin C. Prince, Benton, for appellant.

Robert F. Stephens, Atty. Gen., Carl T. Miller, Jr., Asst. Atty. Gen., Frankfort, for appellee.

Before GANT, VANCE and WINTERSHEIMER, JJ.

VANCE, Judge.

The question is whether an out-of-court statement made by a person who, at the trial, refused to answer any questions may be introduced as evidence to incriminate another person in a criminal case.

Appellant was indicted for arson and wanton endangerment. He was found guilty of first degree criminal trespass. At the trial James Nally was called as a witness for the Commonwealth. He gave his name, address...

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