Muller v. State

BUSSEY, Judge.

Robert J. Muller, Sr. and Frank Muller, hereinafter referred to as defendants, were jointly charged with the offense of Embezzlement by Trustee. They were tried by a jury who found them guilty and left the punishment to be fixed by the court. The trial court fixed the punishment at five years imprisonment in the State Penitentiary and a timely appeal has been perfected to this Court.

On appeal the defendant argues that “the trial court erred in overruling defendant’s motion for a mistrial based on a conversation which had taken place between the complaining witness, Jack Trout,…