State v. Lake

Bussey, Justice:

At a trial commenced on December 16, 1970 and concluded the following day, the defendant-appellant was convicted of armed robbery and assault and battery of a high and aggravated nature. Although two questions are stated and argued on appeal, essentially there is only one question involved. It is contended that a mistrial should have been prdered because of the asserted emotional distress of a woman juror as to the welfare of her children. It is conceded that the ordering of, or refusal of a motion for, a mistrial is a matter within the discretion of the trial judge and that…