State v. Riddall

The defendant, Blaine Biddall, appeals from his conviction of robbery and the resulting 15-year penitentiary sentence.

Defendant complains because the prosecutor advised the jury during his opening statement that defendant’s brother and codefendant, Delbert Biddall, had pleaded guilty to the same charge and would testify for the state. Defendant assigns as error the denial of his motion for a mistrial and the failure of the court to give the jury any curative instructions.

The proof left no doubt about the pertinent facts. Defendant and his younger brother, Delbert, lived in or near Vancouver,…