State v. Barwick

Gregory, Justice:

Appellant Danny Barwick was convicted of two counts of forgery, one count of breach of trust, and one count of criminal conspiracy, all arising from an incident involving insurance fraud. The main issue on appeal is whether the trial judge should have dismissed the indictment because of prosecutorial misconduct. We affirm.

Three times during trial appellant objected to questions asked and statements made by the assistant solicitor and moved to have the indictment dismissed. Appellant made clear he did not want a mistrial declared. The trial judge refused to dismiss the…