State v. Hertzig

Defendant appeals from a conviction after jury trial on a charge of burglary. He asserts that the trial judge erred: (1) In granting the state’s motion for mistrial during selection of the first jury; (2) in requiring the defendant to go to trial before the same jury panel immediately following the declaration of a mistrial; and (3) in refusing to allow two alibi witnesses to testify.

During the first voir dire examination one prospective juror indicated, in response to defense counsel’s question, that she felt she could not be a *30fair and impartial juror because her son had once been…