STATE v. CROCKER

No. 78.

80 S.E.2d 243 (1954)

239 N.C. 446

STATE v. CROCKER.

Supreme Court of North Carolina.

February 24, 1954.


Attorney(s) appearing for the Case

J. Faison Thomson & Son, N. W. Outlaw, Goldsboro, Sharpe & Braswell, Wilson, and Robert Cowen, Williamston, for defendant-appellant.

Harry McMullan, Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.


BOBBITT, Justice.

Decision here depends upon whether the facts found by Parker, J., disclose necessity sufficient to justify the order of mistrial over the objection of the defendant. In sharper focus, the question is whether the facts found relating to the time, nature and duration of the misbehavior or disability of certain of the jurors are such as to warrant the order of mistrial over the objection of the defendant. If so, the defendant's plea of former jeopardy...

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