HALKO v. STATE


145 A.2d 84 (1958)

John J. HALKO, Jr., Defendant Below, Appellant, v. STATE of Delaware, Appellee.

Supreme Court of Delaware.

October 8, 1958.


Attorney(s) appearing for the Case

E. N. Carpenter, II, of Richards, Layton & Finger, Wilmington, for appellant.

F. Alton Tybout, Deputy Atty. Gen., and Joseph Donald Craven, Atty. Gen., for appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


BRAMHALL, Justice.

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...

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