State v. Bishop

Farris, A.C.J.

Mr. Bishop appeals from a conviction on retrial of the crime of second-degree assault. In the original proceeding, the trial court upon its own motion and over Mr. Bishop’s objection declared a mistrial.

At the first trial, defense counsel advised the court that a deputy prosecuting attorney committed an act which may have been an attempt to threaten or intimidate William Gregory, a proposed defense witness, by suggesting to Mr. Gregory the possibility of his prosecution for assault if he testified. After conducting its own examination of the matter, the trial court was satisfied…