STATE v. SMITH

No. 47.

226 S.E.2d 10 (1976)

290 N.C. 148

STATE of North Carolina v. James Vernon SMITH.

Supreme Court of North Carolina.

June 17, 1976.


Attorney(s) appearing for the Case

Clarence W. Carter, King, and Stephen G. Royster, Mount Airy, for defendant-appellant.

Rufus L. Edmisten, Atty. Gen., Isaac T. Avery, III, Associate Atty., Raleigh, for the State of North Carolina.


HUSKINS, Justice:

Defendant first contends the trial court committed prejudicial error in allowing the State to challenge peremptorily ten prospective jurors in violation of G.S. § 9-21(b) which provides that "[i]n all capital cases the State may challenge peremptorily without cause nine jurors for each defendant and no more." The record reveals that the court clerk was keeping the record of peremptories exercised by both the State and the defendant and, due...

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