STATE v. SMITH

No. 7221SC70.

186 S.E.2d 600 (1972)

13 N.C. App. 583

STATE of North Carolina v. James Wesley SMITH, Defendant.

Court of Appeals of North Carolina.

Certiorari Denied April 4, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen., Richard B. Conley, for the State.

Westmoreland, Sawyer & Schoonmaker, by Barbara C. Westmoreland, Winston-Salem, for defendant appellant.


Certiorari Denied by Supreme Court April 4, 1972.

GRAHAM, Judge.

Defendant contends he is entitled to a new trial because one of the jurors went to the scene of defendant's arrest without authorization during the course of the trial, and also because the court later permitted all of the jurors to view the scene over defendant's objection.

The record reflects that when court was opened on the second day of trial the following transpired:

"COURT...

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