State v. Barone

HANSON, Justice.

The defendant in this case was tried by a jury and found guilty of the crime of mayhem. In his appeal to this court, the defendant relies upon two assignments of error, stated in his brief as follows: (1) The trial court erred in the mode of drawing and impaneling the jury. (2) The trial court erred in its refusal to grant defendant’s motion for a mistrial upon the ground of misconduct of the district attorney.

It appears from the record that when the jury was about to be impaneled, the trial court expressed some doubt as to the manner in which the jury was to be drawn and…