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SMITH v. STATE

[No. 120, September Term, 1977]

283 Md. 187 (1978)

388 A.2d 539

JUAN A. SMITH v. STATE OF MARYLAND

Court of Appeals of Maryland.

Certiorari denied January 22, 1979.

Attorney(s) appearing for the Case

Geraldine Kenney Sweeney, Assistant Public Defender, with whom was Alan H. Murrell, Public Defender, on the brief, for appellant.

Gilbert H. Robinette, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, LEVINE, ELDRIDGE, ORTH and COLE, JJ.

Certiorari denied, Supreme Court of the United States, January 22, 1979.

ELDRIDGE, J., delivered the opinion of the Court.

The issue in this criminal case is whether a non-party witness, who has pleaded guilty to a certain criminal charge but has not yet been sentenced, is entitled to invoke the Fifth Amendment privilege against self-incrimination and refuse to testify regarding that criminal charge.

In 1975, the defendant Juan Smith was arrested together...

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