STATE v. WHISNANT

No. 337.

157 S.E.2d 545 (1967)

271 N.C. 736

STATE of North Carolina v. Roy Allen WHISNANT.

Supreme Court of North Carolina.

November 8, 1967.


Attorney(s) appearing for the Case

Paul L. Beck, Lenoir, Court appointed attorney, for defendant appellant.

T. W. Bruton, Atty. Gen., and James F. Bullock, Deputy Atty. Gen., for the State.


PER CURIAM:

The defendant having plead guilty of assault with a deadly weapon in open court, it is to be presumed that the jurors were present and heard this plea. When it was withdrawn and the defendant placed on trial the next day, we can only assume that the jurors remembered this and that the defendant was thus placed in a prejudiced position in his trial.

While the court could not compel the attendance of witnesses from Florida and West Virginia, it is...

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