Court of Appeals of Alaska September 27, 1985, A-550 (Browning v. State)

SINGLETON, Judge,

dissenting.

Whether to grant or deny a motion for mistrial is a matter committed to the trial court’s sound discretion. Lewis v. State, 452 P.2d 892 (Alaska 1969), Roth v. State, 626 P.2d 583 (Alaska App.1981). Where the state moves for mistrial and the defendant opposes the motion, the trial court must find “manifest necessity” before granting the mistrial. Lewis, 452 P.