Whitehead v. State

The special ground of the motion for new trial assigns error on the failure to declare a mistrial under the following circumstances. On the first day of the trial there was evidence that a neighbor of the defendant, whose house was approximately the same distance from the whisky cache as the defendant’s house, had been previously involved in liquor violations; when court reconvened the following morning the defendant’s attorney, in support of his motion for a mistrial, made the following statement: “I’ll state in my place on yesterday in the course of evidence there was a question raised as…