State v. Allen

SHARP, Justice.

This case presents an anomalous situation. Defendant objected to a question which the solicitor asked a State’s witness. Defendant did not move for a mistrial or to quash the bill of indictment. Indeed, he made no motion whatever. Yet the judge, over the objection of both State and defendant, declared a mistrial and entered an order reciting that he had treated defendant’s objection as a motion for mistrial and allowed the motion. Notwithstanding, the order of mistrial stands, albeit the record will not support the premise upon which it is based.

The State, anticipating that…