State v. Swanson

John K. Swanson appeals from judgment and sentence following a conviction of grand larceny and assault in the second degree. The facts giving rise to the charge involve the disappearance of money from the cash register at a gasoline station and the resulting struggle between the station owner and the defendant. Further recitation of the facts would serve no decisional purpose.

Defendant’s first assignment of error relates to claimed misconduct by the state. When examining state’s witness Tom Dobbs, the prosecutor inquired as follows:

Did you have occasion to see the defendant seated here in the…