State v. Berkins

Horowitz, A. C. J.

The defendants Berkins, Norman and Bush, tried together in a jury trial below, were convicted on charges of kidnapping and second-degree assault. The defendants Berkins and Norman were also convicted on charges of rape. Each defendant appeals claiming prejudicial error because of the trial court’s refusal to suppress evidence obtained as a result of claimed illegal arrest of the defendant Berkins and the refusal to grant defendants a mistrial arising out of an incident involving the manacling of the defendants during a court recess.

On the evening of August 21, 1968, Hollis,…