Johnson v. State

DUFFY, Justice:

Defendant was found guilty of murder in the second degree and sentenced to imprisonment for life. On this appeal he seeks reversal on four separate grounds which are considered seriatim.

I

The principal witness against the defendant was his former wife, who was in an apartment with the victim at the time of the shooting. Several times during the trial she became emotionally upset while testifying and on each occasion the Trial Judge ordered a recess so that she had an opportunity to regain control of herself. Defendant argues that his motion for mistrial should have been granted…