(DOWNLOAD) "State V. Pothier" by New Mexico Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: State V. Pothier
- Author : New Mexico Supreme Court
- Release Date : January 23, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
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 to testify and was held in direct contempt of court. The district judge declared mistrials in each trial and gave the state the option of agreeing to a six-month sentence or having a jury trial on the contempt issue where a sentence of more than six months could be imposed. The state chose the jury trial In separate trials each defendant was found guilty of criminal contempt and sentenced to life imprisonment. Defendants appeal. Because of the parallel facts and identical issues, the appeals are joined.