MacPherson v. State

BOOCHEVER, Justice,

with whom CONNOR, Justice, joins (dissenting).

I read the record as dictating a different conclusion. Counsel for the defendant made it clear that he had changed his mind and no longer desired a mistrial when he stated that he was both generally satisfied with the course of the trial and particularly pleased with the present jury, being of the opinion that a better one could not be selected. The latter statement is of considerable significance since defense counsel’s motion for a mistrial under scrutiny here was based on possible jury prejudice towards his client.…