State v. Smith

LAURA DENVER STITH, Judge.

Kevin Smith was charged with trafficking in the second degree. In response to a question by defense counsel, a police officer testified at trial that Mr. Smith had previously been arrested for possession of crack cocaine. The trial judge refused defense counsel’s request for a mistrial, and defendant requested no other relief. Defendant appeals the jury’s guilty verdict.

Because the comment about a prior arrest was made without any fault on the part of the prosecutor or evidence of bad faith on the part of the witness, it was responsive to the question, it was not…