State v. Russell

The defendant, Raymond Glenn Russell, appeals from a judgment entered on a verdict of guilty of second-degree burglary and of grand larceny. Both charges arose out of the same transaction, and there is no claim that the evidence is not sufficient to sustain the convictions. Each assignment of error relates to the trial court’s refusal to grant a mistrial because of testimony by the state’s witness, Judy Ann Dreher.

There were three alleged participants in the actual burglary, and Russell’s alleged complicity is predicated upon the state’s claim that he assisted in planning the crime and agreed…