(dissenting) :
The motion for mistrial was lodged after both sides had rested and was as follows:
“Comes now the defendants, and each of them, and move the court for a mistrial for the reason that the last witness testified he had no insurance.”
The record does not disclose whether such motion was lodged within or without the presence of the jury.
Considering the admonition of the trial court and the time the motion for mistrial was lodged and the entire record, I ■ am of the opinion that the judgment should be affirmed.
*302I therefore respectfully dissent to the opinion promulgated by a majority of my associates.
I am authorized to state that Mr. Chief Justice HALLEY concurs in the views herein expressed.