State v. Hess

Defendant was convicted in a jury trial of an October 19, 1985, second degree murder. On appeal he assigns as error the action of the district court in overruling his motion for a mistrial because of a violation of the court’s ordered sequestration of the witnesses.

At the commencement of the trial defense counsel stated to the court: “Before we start may I make a motion to sequester all witnesses, please?” to which the court replied, “Motion sustained.”

The record discloses that during the first recess, which interrupted the testimony of Bo Bonn, the State’s initial witness, Bonn visited with…