WELLS, Judge.
Respondent first contends that the trial judge erred in denying respondent's motion for a mistrial after counsel for petitioner, in his opening statement to the jury, stated that the case had been tried by a jury, that respondent had been found to be incompetent, and that the matter was being heard on appeal from that finding. Respondent contends that she was entitled to a trial de novo in the Superior Court
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