STATE v. GARDNER

No. 29A84.

319 S.E.2d 591 (1984)

STATE of North Carolina v. John Sterling GARDNER, Jr.

Supreme Court of North Carolina.

August 28, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Joan H. Byers, Asst. Atty. Gen., Raleigh, for the State.

Bruce C. Fraser, Winston-Salem, for defendant-appellant.


BRANCH, Chief Justice.

Defendant first assigns as error the denial of his pretrial motion for change of venue. He asserts that extensive media coverage of the "Steak and Ale" murders was highly prejudicial and precluded his receiving a fair trial in Forsyth County.

On a motion for change of venue pursuant to G.S. 15A-957, the burden is on the defendant to prove prejudice so great that he cannot obtain a fair and impartial trial. State v. Jerrett,

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