(a) When two (2) or more defendants are included in the same indictment, information or complaint, the court may, at any time before the defendants have gone into their defense, on the application of the prosecuting attorney, direct any defendant to be discharged, that he may be a witness for the prosecution. (b) The discharge provided for by Subsection (a) is a bar to another prosecution of the defendant discharged for the same offense. NOTE: Section 75.70 continues the substance of former §§ 1099 and 1101. See also Cal. Pen. Code §§ 1099, 11.01. See generally B. Witkin, California Criminal Procedure Trial § 300 (1963, Supp. 1973). For orders compelling testimony after claim of self-incrimination, see § 1.21 and note thereto.
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