STATE v. WADDELL

No. 12.

183 S.E.2d 644 (1971)

279 N.C. 442

STATE of North Carolina v. Joseph WADDELL.

Supreme Court of North Carolina.

October 13, 1971.


Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen. by Myron C. Banks, Asst. Atty. Gen., for the State.

Jerry C. Wilson, High Point, for defendant appellant.


HIGGINS, Justice.

The defendant by exceptive assignments, presents two questions for appellate review: (1) Did the court err in refusing to allow the motion to quash the indictment because of a variance between the charge and the proof? (2) Did the court err in denying the motion for a mistrial because of an unknown party's statement to the prospective juror (Hinson) before his acceptance on the trial panel?

The...

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