State v. Haynes

The defendant has appealed from a judgment of conviction of burglary not in a dwelling house.

Defendant assigns error to the court’s denial of his motion for a mistrial. The defendant was apprehended in the burglarized building about 2:15 a.m., on January 12,1962. A police officer who participated in the arrest testified that a few moments before he had been stationed at a window in a building a block away from the scene of the burglary. The witness was asked by the prosecutor: “What did you see that was unusual?” He answered: “A subject apparently tampering with a parking meter.” The motion…