State v. Wagner

WELLS Judge.

Defendant has assigned the following as error: the failure of the trial court to order certain testimony stricken from the record; the admission of defendant’s pre-arrest statement to police officers; the trial court’s refusal to allow certain testimony on cross examination of a witness for the State and a witness for the defendant; errors in the court’s instruction to the jury; and the failure of the trial court to allow defendant’s motion to dismiss at the close of the State’s evidence and at the close of all the evidence. We will discuss three of the assignments.

We hold that…