State v. Smith

MOORE, Chief Justice.

Defendant’s appeal of his robbery conviction asserts the trial court erred in failing to declare a mistrial after striking evidence of victim’s viewing of him in the absence of counsel shortly after the robbery. The primary question is whether defendant’s constitutional right to counsel as guaranteed by the Sixth Amendment to the United States Constitution was under the facts here violated. We hold it was not.

We briefly summarize the facts as diclosed by the record. About 2:30 a. m. February 22, 1968 a blue and white Rambler was driven into and parked near the front door…