State v. Falk

HEDRICK, Judge.

Defendant first contends the court erred in denying his motion for a “mistrial.” While defendant’s counsel was cross-examining the State’s witness Buck, the witness said that he recognized the faces of two of the jurors. The district attorney had not given Buck’s name to the defendant along with the other names of the State’s witnesses before the trial commenced. Defendant now argues, as he did before the trial judge, that the State’s failure to include Buck in its list of witnesses prejudiced the defendant in the selection of the jury. We do not agree. Ordinarily a motion for…