Halko v. State

Bramhall, J.:

Defendant’s appeal relates to the refusal of the trial judge in a trial before a judge and jury upon the charge of operating a motor vehicle while under the influence of intoxicating liquor to withdraw a juror and declare a mistrial by reason of a statement made by a police officer to the effect that defendant was drunk at the time of a prior accident.

Defendant was tried before a judge and jury upon the charge of operating a motor vehicle while under the influence of intoxicating liquor. At the trial, for the purpose of showing prejudice on the part of one of the police officers…