Steele v. State

HOFFMAN, Presiding Judge.

Appellant James Steele was charged and convicted of robbery,! a class C felony. 1 The trial of Steele commenced on April 27, 1982. Opening statements and the testimony of five witnesses for the State were elicited before court was adjourned for the day. When court reconvened on the second day, appellant moved for a mistrial based on the court's failure to swear in the jury prior to the commencement of the trial. Appellant's motion was denied; the jury was sworn in, and the trial continued from the point of appellant's motion for mistrial. On April 29 the jury returned…