Williams v. State

The appellant was found guilty by a jury on two counts of breaking and entering with intent to commit petit larceny. The proof of guilt was overwhelming. The single error urged by the defendant is that the court erred in denying defendant’s motion for a mistrial when a State’s witness, a police officer, disclosed that he had arrested the defendant upon a prior occasion.

The disclosure appears to have been inadvertent :

“Q. When did you first come in contact with Mr. Williams”

A. I don’t remember what date it was, one morning about nine o’clock I arrested him on a bench warrant.”

The curative…