Page:Wicks v. State, 270 Ark. 781 (1980).pdf/1

Rh

CR 79-194

#C.—The Supreme Court adheres to its view that guidelines to help the jury in its deliberations are unnecessary except in capital cases.
 * 1) C.—The common law approach to allow juries representing the common sense of the community to impose punishment on a case by case basis is not a denial of due process of law.
 * 2) T.—Where the prosecutrix made a spontaneous remark concerning a polygraph test which she had taken, it was not error for the court to refuse to grant a mistrial where the court promptly instructed the jury to disregard the statement.
 * 3) T.—A mistrial is such a drastic measure that it is warranted only if justice could not be served by going on with the trial.
 * 4) A.—The appellant has the burden of supplying a transcript, and, if a transcript cannot be obtained, it is appellant's duty to reconstruct one pursuant to Appellate Procedure Rule 6(d) (1979) by obtaining what used to be called a bystander's bill of exceptions.
 * 5) A.—An argument for reversal will not be considered in the absence of an appropriate objection, except in a few instances recognized in prior opinions of the court.

Appeal from Yell Circuit Court, Charles Eddy, Judge; affirmed.