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David was tried for armed robbery. The presentation of the prosecution occupied the first day. In the morning, the

prosecutor brought out by relevant testimony of eyewitnesses to the robbery that the accused had in his possession a sawed-off shotgun with which he threatened his victims. At the beginning of the afternoon session, the prosecutor brought to counsel table a shotgun (not sawed-off) and some other physical objects. All these things could be seen by the jury. The prosecutor introduced into evidence the other objects as related to the robbery as what were taken from the victims, but the shotgun was never referred to by any further testimony, and no other weapon was introduced into evidence.


     The State rested and the Defense moved for a mistrial because of the presence of the shotgun. As judge, would you grant the mistrial? What is you reason for your answer?

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