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STATE v. WITTSELL

No. 87,107

275 Kan. 442 (2003)

66 P.3d 831

STATE OF KANSAS, Appellant, v. CLYDE A. WITTSELL, Appellee.

Supreme Court of Kansas

Opinion filed April 18, 2003.

Attorney(s) appearing for the Case

Boyd K. Isherwood, assistant district attorney, argued the cause, and Nola Foulston, district attorney, and Carla Stovall, attorney general, were with him on the briefs for appellant.

Randall J. Price, of Wichita, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

During the trial of Clyde Wittsell on one count of aggravated incest, a State's witness violated an order in limine by stating that there had been a polygraph examination. The district court made an immediate sua sponte declaration of mistrial. Imputing the introduction of improper evidence to the prosecution, the district court denied retrial and dismissed...

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