Humbert v. Commonwealth

ELDER, Judge.

Dwayne Humbert (appellant) appeals from his jury trial convictions for assault and battery on a law enforcement officer and possession of cocaine. On appeal, he contends the trial court erroneously (1) denied his motion for a mistrial when one of the jurors initially was unable to confirm that she supported the guilty verdicts and (2) held the evidence was sufficient to support the assault and battery conviction. 1 Because we hold that the trial court erred in denying appellant’s mistrial motion, we reverse appellant’s convictions and remand for a new trial.

I

BACKGROUND

Appellant…