Benton v. State

John E. Jennings, Chief Judge.

Johnny Austin Benton was charged in Lonoke County Circuit Court with theft of property and being an habitual offender. For reversal he argues that the trial court erred in refusing to grant a mistrial and that he was denied the effective assistance of counsel at trial. Because we must reverse and remand for new trial on the first issue, we need not reach the second.

At the beginning of the trial proceedings the court swore in the jury panel and read the information which included the phrase, “[s]aid defendant having previously been convicted of more than one but…