STATE v. PETERSON

No. 246A95.

472 S.E.2d 730 (1996)

STATE of North Carolina v. Benjamin Edward PETERSON.

Supreme Court of North Carolina.

July 31, 1996.


Attorney(s) appearing for the Case

Michael F. Easley, Attorney General by Hal F. Askins, Special Deputy Attorney General, and Sondra C. Panico, Associate Attorney General, for the State.

Nora Henry Hargrove, Wilmington, for defendant-appellant.


WEBB, Justice.

The defendant first assigns error to the State's use of a peremptory challenge to excuse a black prospective juror. He asserts that the State impermissibly exercised the challenge solely on the basis of the prospective juror's race. The defendant contends that the prosecutor's proffered reasons for the challenge were pretextual and that the trial court abused its discretion in failing to hold a hearing on the objection and failing to allow the defendant...

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