State v. Schlittenhardt

MURRAY, Judge.

Defendant was convicted in the District Court of Burleigh County of the crime of attempting to take indecent liberties.

Subsequent to conviction, he moved for a new trial and has now appealed to this court from the order denying motion for new trial. Among the grounds for said motion for new trial was the order of the district court denying motion for mistrial.

Defense counsel moved initially, in the alternative, during the trial, for mistrial, for an order to strike certain matters from the record, and for an admonition to the jury. At a subsequent time, after the district court…