Gillespie v. State

Webb, Judge.

Gillespie was convicted under a two-count indictment charging him with aggravated assault (Criminal Code § 26-1302) and escape while armed with a dangerous weapon. Criminal Code § 26-2501. He now urges error in the refusal of a mistrial which he moved for after the district attorney, in his opening remarks, stated that Gillespie was a murderer and was serving time in jail for murder. He contended that since at the time of the escape he had not been convicted of the murder, and since he was charged with escape from pre-trial confinement rather than post-conviction confinement, the…