State v. Marek

*831The opinion of the court was delivered by

Marshall, J.:

The defendant was tried on a charge of murder in the first degree. The trial resulted in the jury being unable to agree. The appeal is from an order of the court restricting the number of challenges to be exercised by the state to the number of four, from remarks made by the court during the examination made of one of the witnesses by the state, and from the exclusion of evidence offered by the state to show that shoes worn by the defendant at the time of his arrest, about two months after the murder, corresponded with tracks made near the…