STATE v. WEILAND

No. 37627.

183 N.W.2d 244 (1971)

186 Neb. 325

STATE of Nebraska, Appellee, v. Bobby Joe WEILAND, Appellant.

Supreme Court of Nebraska.

January 22, 1971.


Attorney(s) appearing for the Case

Kerrigan, Line & Martin, Fremont, for appellant.

Clarence A. H. Meyer, Atty. Gen., James J. Duggan, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


SPENCER, Justice.

This appeal involves the single issue as to whether defendant should have been granted a mistrial because of a reference to a polygraph test taken by a witness against the defendant. We affirm.

The issue may be narrowed to the question, can a defendant on cross-examination secure a mistrial because he elicits a response which, while correct, may be prejudicial to him?

The testimony involved is as follows: "Q- Did you handle that with...

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