Culberson v. State

HOBSON, Judge.

Appellant was indicted for the first-degree murder of William E. Griffin. The charge was reduced to second-degree murder, trial was held, and the jury returned a verdict finding him guilty of manslaughter. He now appeals from the conviction entered thereon.

Appellant urges as error two matters: (1) the trial court’s failure to grant a mistrial after certain previously admitted medical testimony had been stricken as hearsay; and (2) the trial court’s failure to declare a mistrial upon the jury’s second return to the courtroom without a verdict.

Mr. Griffin’s death occurred five…