State v. McCarthy

In my opinion the judgment of conviction and sentence should be affirmed.

For the reasons stated in the majority opinion, the testimony alluding to the defendant’s refusal to take a urinalysis test was inadmissible. However, the error was promptly corrected by the trial court in immediately instructing the jury to disregard the question and answer pursuant to the objection made. A new trial should not ordinarily be granted for the erroneous admission of evidence where the jury is clearly and distinctly instructed to disregard it. See, e. g., Zuber v. N. P. Ry. Co. 246 Minn. 157, 176, 74 N. W.…