Moore v. State

An elaboration of the 7th headnote is considered desirable. Upon the trial, while B. S. Lenhardt, a witness for the State whose name was not upon the list of witnesses furnished to the defendant as those who had appeared before the grand jury, and who had been introduced and examined in chief by the State, was being cross-examined by the defendant’s counsel, the defendant learned for the first time that this witness had testified before the grand jury. Thereupon the defendant moved for a mistrial of the case, upon the ground that he had not been furnished with a list of the witnesses who had…