State v. Conner

WASSERSTROM, Chief Judge.

Defendant appeals from his conviction by jury of burglary second degree and stealing. His two Points Relied On are: (1) that the trial court should have declared a mistrial because of a reference in evidence to a previous trial of this case; and (2) that the trial court should have suppressed certain fingerprint evidence.

I

This case was previously tried in February 1979 and resulted in a mistrial because of the inability of the jury to agree. The trial which resulted in the present conviction was held thereafter in April 1979. During the course of this second trial a…