STATE v. PADGETT

No. 755SC892.

224 S.E.2d 211 (1976)

29 N.C. App. 277

STATE of North Carolina v. Horace PADGETT.

Court of Appeals of North Carolina.

May 5, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Attorney Wilton E. Ragland, Jr., Raleigh, for the State.

Calder & Stanley, by Richard L. Stanley, Wilmington, for defendant.


BROCK, Chief Judge.

Defendant argues that denial of his motion for a change of venue because of pre-trial publicity was error for which he is entitled to a new trial.

A motion for removal to an adjacent county or for the selection of a jury from an adjacent county on the grounds of unfavorable pre-trial publicity is addressed to the sound discretion of the trial court. The burden of proof on this motion is on the defendant. State v. Brown and State...

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