STATE v. SMITH

No. 41.

285 S.E.2d 800 (1982)

STATE of North Carolina v. Joseph Phillip SMITH and Johnny B. Smith.

Supreme Court of North Carolina.

January 12, 1982.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Charles J. Murray, Sp. Deputy Atty. Gen., Raleigh, for the State.

Louis Jordan, Goldsboro, for defendants-appellants.


HUSKINS, Justice.

Defendants contend they were denied a fair and impartial trial when they were brought into the courtroom prior to the commencement of the trial and placed in a "hold area" in the presence of the prospective jurors. This constitutes their first and only assignment of error.

Defendants' argument is based upon the unsupported assumption that being seated within a section of the courtroom measuring approximately three-by-eight or six feet surrounded...

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