Opinion Concurring in Result
Staton, P.J.Neutral or favorable statements by a witness within the hearing of jury members in a washroom can have a prejudicial effect. The content of the statement has nothing to do with the implicit impressions perceived by the jury members. I concur in result since no prejudice has been shown. The defendant is not entitled to a perfect trial — only a fair trial.
Note. — Reported at 348 N.E.2d 70.