State v. Ware

PRITCHARD, Commissioner.

Pursuant to a verdict of a jury, appellant was sentenced to ten years imprisonment for the commission of the crime of robbery in the first degree. On this appeal the sole point is that the trial court prejudicially erred in failing to sustain appellant’s motion for mistrial after the state’s attorney inquired of appellant on cross-examination whether he had been previously convicted of rape in Minnesota. It is asserted that the state’s attorney had no record of appellant being convicted of such a crime.

The circumstance in which the matter complained of arose is this:…