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STATE v. McADOO

No. 7715SC794.

241 S.E.2d 336 (1978)

35 N.C. App. 364

STATE of North Carolina v. Lawrence McADOO, Anthony Jones and Coy Kirkpatrick.

Court of Appeals of North Carolina.

February 21, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Claude W. Harris, Raleigh, for the State.

Angela R. Bryant, Graham, for defendant-appellant, Lawrence McAdoo.

Daniel H. Monroe, Jr., Graham, for defendant-appellant, Anthony Jones.

Hemric & Hemric, P. A., by W. Kelly Elder, Jr. and H. Clay Hemric, Jr., Burlington, for defendant-appellant, Coy Kirkpatrick.

WEBB, Judge.

Each of the defendants assigns as error the failure of the trial judge to grant motions for mistrial made by each defendant when a prospective juror said that he knew the defendant Kirkpatrick because Kirkpatrick "had tried to lift a power saw from [him]." Each relies on State v. Drake, 31 N.C. App. 187, 229 S.E.2d 51 (1976). In that case, a disinterested witness overheard...

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