State v. Weiland

This appeal involves the single issue as to whether defendant should have been granted a mistrial because of a reference to a polygraph test taken by a witness against the defendant. We affirm.

The issue may be narrowed to the question, can a defendant on cross-examination secure a mistrial because he elicits a response which, while correct, may be prejudicial to him?

The testimony involved is as follows: “Q- Did you handle that with the County Attorney’s Office, discuss with the county attorney the filing of charges against Phyllis Croghan? A- Yes. Q- You recommended that, didnt (sic) you? A-…