Paul Lawrence Battese v. State Alaska

DIMOND, Justice. OPINION A jury found appellant guilty of the crimes of burglary and attempted larceny. This appeal followed. The indictment showed that only one witness, Officer Paul Barnhardt, was examined before the grand jury. 1 In his opening statement to the trial jury the prosecuting attorney stated that five witnesses in addition to Barnhardt would be called to testify for the state. Appellant then moved for a mistrial, or in the alternative for the exclusion of the five additional witnesses, on the ground that the state had named witnesses to be called who were not included in the indictment and that this resulted in appellant not being afforded an adequate opportunity to avoid surprise and prepare his defense. The motion was denied and all of the state's intended witnesses were allowed to testify. Appellant contends that the refusal of the trial court to grant a mistrial was reversible error.