
    STATE of Louisiana v. Jessie Lee WILSON.
    No. 57485.
    Supreme Court of Louisiana.
    Feb. 6, 1976.
   In re: State, through Ossie Brown, District Attorney applying for Remedial Writs and Stay Order.

Writ denied. We do not find that the trial judge abused his discretion in granting a mistrial in this case. La.Code Crim. P. art. 771.

SANDERS, C. J., and SUMMERS, J.,

are of the opinion the application should be granted. The witness’s response was without the scope of the State’s question. The ruling of the trial judge should be reversed and defendant’s objection should be assigned for review on appeal in the event of conviction. State v. Lepkowski, 316 So.2d 727 (La.1975).

DIXON, J.,

-is of the opinion that the trial judge was correct whether or not the prejudicial answer was sought by the prosecution. However, the prosecution asked the witness: “And would you describe the book, please, for the jury?” It is unrealistic to conclude that the “response was without the scope of the State’s question.”  