STATE v. HOLMES

No. 16.

249 S.E.2d 380 (1978)

296 N.C. 47

STATE of North Carolina v. Kenneth Bernard HOLMES.

Supreme Court of North Carolina.

November 28, 1978.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by James Peeler Smith, Asst. Atty. Gen., Raleigh, for the State.

T. C. Homesley, Jr., Mooresville, for defendant-appellant.


BRANCH, Justice.

Did the trial judge commit prejudicial error by failing to declare a mistrial on his own motion or in the alternative by failing to instruct the jury to disregard certain remarks made by the district attorney in the presence of the jury? The answer to this question is governed by the following well recognized rules.

Every person charged with a crime has the right to be tried before an impartial judge and by an unprejudiced jury. It is the...

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