State v. Eagle

The defendant, James Roan Eagle, was found guilty of petit larceny by a jury. Thereafter, at a hearing without a jury, the court found that the conviction was a subsequent offense, as charged, enhancing the penalty, and sentenced the defendant to 2 years imprisonment.

The defendant first contends that his motion for mistrial, made during cross-examination of one of defendant’s witnesses, should have been granted. The testimony of defendant’s witnesses was principally directed toward establishing that the, defendant was intoxicated at the time of the crime. The defendant’s witness, Roger Lame,…