STATE v. POLLOCK

No. 807SC600.

273 S.E.2d 501 (1980)

STATE of North Carolina v. Donald Ray POLLOCK.

Court of Appeals of North Carolina.

December 16, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Charles M. Hensey, Raleigh, for the State.

Philips, Bourne, Harper & Keel by Jimmie R. Keel, Tarboro, for defendant-appellant.


HARRY C. MARTIN, Judge.

Defendant first contends the trial court should have declared a mistrial during the selection of the jury. After twelve jurors had been selected, the court was in the process of choosing a thirteenth or alternate juror. During a recess of the court, one of the twelve selected jurors and several other persons were in a room where soft drink machines evidently were located. A juror who had been rejected made the statement: "Well, if he would...

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