Hankinson v. State

Evans, Judge.

The defendant was indicted, tried and convicted of the offense of sodomy. He was sentenced to serve 10 years. He appeals from the judgment and sentence. Held:

1. During the trial, the district attorney attempted to offer in *569evidence a weapon allegedly found in the defendant’s vehicle after his arrest. Upon objection, the court refused to allow the weapon to be introduced in evidence, because it was not proven that it had been used in a threatening manner. This part of the court’s ruling was favorable to the defendant, but he then enumerates error on failure to declare a mistrial…