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STATE v. FOUNTAIN

No. 13.

191 S.E.2d 674 (1972)

282 N.C. 58

STATE of North Carolina v. Lewis Burley FOUNTAIN.

Supreme Court of North Carolina.

October 11, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Eugene Hafer, for the State.

Benjamin R. Wrenn, Reidsville, Court-Appointed Attorney, for defendant.

BRANCH, Justice.

Defendant assigns as error the failure of the trial court to grant his motion for mistrial.

In selecting the jury the original venire was exhausted, and Judge Long ordered that ten additional jurors be selected from the jury list in the same manner as provided for the selection of regular jurors. Defendant objected to the drawing of the additional jurors and on the next day moved for a mistrial...

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