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STATE v. GILLIAM

No. 704A85.

344 S.E.2d 783 (1986)

STATE of North Carolina v. Eric Lee GILLIAM and Jeffery Jerome Battle.

Supreme Court of North Carolina.

July 2, 1986.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Ann Reed, Sp. Deputy Atty. Gen., for the State.

Jay Trehy, Asst. Public Defender, for defendant-appellant Gilliam.

John G. Britt, Jr., Asst. Public Defender, for defendant-appellant Battle.

BRANCH, Chief Justice.

Defendants' first assignment of error concerns the use of peremptory challenges by the prosecutor to remove blacks from the venire. They argue that the prosecutor excused qualified blacks from the venire solely on account of their race and thereby violated the defendants' rights to due process of law and equal protection of the law under the fourteenth amendment to the Federal Constitution and Article I, Sections 19 and 24 of the North Carolina...

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