State v. Sorenson

OPINION

By the Court,

Eather, J.:

This is an appeal by the state from an order granting the respondents a new trial after they had been found guilty by a jury of grand larceny. Such new trial was granted on account of asserted misconduct in permitting to be exhibited to the jury a pair of chalk-stained shoes which had not been admitted in evidence. The appeal is based on the contention that the granting of a new trial was an abuse of the trial court’s discretion. We have concluded that there was no such clear abuse of discretion as to justify a reversal.

Defendants were charged with having stolen…