Pessolano v. State

The appellant was adjudged guilty of the crime of abortion and sentenced for a term of three years to imprisonment at hard labor in the state penitentiary. On his appeal he presents two points. The first urges that the court erred in denying a motion for mistrial when a juror was incapacitated for one day and the court recessed the trial for one day rather than declaring a mistrial as requested. Appellant cites no authority and we know of none which holds that it is error for the trial judge to recess a trial for one day. Certainly it was not reversible error in this case where no prejudice…