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STATE v. COOLEY

No. 7910SC1057.

268 S.E.2d 87 (1980)

47 N.C. App. 376

STATE of North Carolina v. Claude Vance COOLEY.

Court of Appeals of North Carolina.

July 1, 1980.

Attorney(s) appearing for the Case

Blanchard, Tucker, Twiggs & Denson by Irvin B. Tucker, Jr., Raleigh, for defendant-appellant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Jo Anne Sanford, Raleigh, for the State.

WELLS, Judge.

I. THE MISTRIAL

Defendant first assigns as error the action and procedure of the trial court in granting a mistrial. In pertinent part G.S. 15A-1062 provides as follows:

§ 15A-1062. Mistrial for prejudice to the State.—Upon motion of the State, the judge may declare a mistrial if there occurs during the trial, either inside or outside the courtroom, misconduct resulting in substantial and irreparable prejudice to the State...

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