Spillers v. State

Frank Holt, Justice.

A jury found appellant guilty of false imprisonment in the first degree (Ark. Stat. Ann. § 41-1703 [Repl. 1977]) and battery in the first degree (Ark. Stat. Ann. § 41-1601 [Repl. 1977]) and assessed his punishment at 3 1/2 years and 9 1/2 years, respectively. Appellant contends that the trial court erred in failing to grant a mistrial when the prosecuting attorney was allowed to breach a pretrial agreement not to use the appellant’s nor his codefendant’s cross-implicating statements.

Appellant and his codefendant each made an in custodial statement to the police implicating…