State v. Vrchota

The defendant appeals from a sentence to imprisonment for 1 y2 to 4 years for theft. The sole assignment of error is the refusal of the trial court to grant a mistrial.

Following a party at his apartment, the victim, Joseph Bell, was beaten, tied up, and robbed of $502. Although the evidence is in conflict as to the defendant’s participation in the crime, it is clear from the record that the defendant was present and received a part of the $502 taken from the victim.

Mark Midway, a witness for the State, had been permitted to plead guilty to a misdemeanor in return for his testimony. The…