STATE v. HUMBLES

No. 291.

84 S.E.2d 264 (1954)

241 N.C. 47

STATE v. Ray HUMBLES.

Supreme Court of North Carolina.

November 3, 1954.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., and Claude L. Love, Asst. Atty. Gen., for the State.

Albion Dunn and L. W. Gaylord, Jr., Greenville, for defendant, appellant.


PARKER, Justice.

At the November Term 1953 of Pitt County Superior Court, His Honor J. Paul Frizzelle presiding, the defendant was called for trial upon the indictment in the instant case; he pleaded Not Guilty, and a jury was properly impaneled. After the trial had proceeded at some length, and evidence had been offered by the State, Judge Frizzelle withdrew a juror, and ordered a mistrial. Judge Frizzelle found no facts. The defendant did not except. It is obvious...

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