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STATE v. POTHIER

Nos. 16,008, 16,009.

721 P.2d 1294 (1986)

104 N.M. 363

STATE of New Mexico, Plaintiff-Appellee, v. Roch Y. POTHIER, Defendant-Appellant. STATE of New Mexico, Plaintiff-Appellee, v. James Edward CADE, Defendant-Appellant.

Supreme Court of New Mexico.

June 23, 1986.

Attorney(s) appearing for the Case

Janet Clow, Chief Public Defender, Susan Gibbs, Asst. Appellate Defender, Santa Fe, for defendants-appellants.

Paul Bardacke, Atty. Gen., Patricia Frieder, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

RIORDAN, Chief Justice.

Roch Pothier and James Cade (defendants) were charged with first degree murder. Each defendant gave extra judicial statements to the police, exculpating themselves and inculpating each other. Each defendant was called as a witness in the separate trial of the other. Each defendant claimed the fifth amendment privilege against self-incrimination and was granted use immunity. Despite the grant of immunity, each defendant refused...

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