State v. Johnson

STRUCKMEYER, Justice.

Tom Johnson was convicted of two counts of illegally selling Marijuana in violation of A.R.S. § 36-1002. He appeals to this court from the verdict, judgment and sentence of the lower court.

Defendant assigns as prejudicial error the trial court’s refusal to order testimony stricken concerning the defendant’s failure to testify at his preliminary hearing. After the question had been asked and answered, defense counsel objected and moved that the answer be stricken and the jury instructed concerning it. The court sustained the objection, but did not .strike the testimony or…