STATE v. HOWARD

No. COA98-951.

515 S.E.2d 740 (1999)

STATE of North Carolina v. Adrian Bruce HOWARD. State of North Carolina v. Donnie Coats Lee.

Court of Appeals of North Carolina.

June 15, 1999.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Associate Attorney General Thomas J. Pitman, for the State.

Mark J. Simeon, Durham, for defendant-appellant Adrian Bruce Howard.

Mark E. Edwards; and William C. Fleming, Jr., Durham, for defendant-appellant Donnie Coats Lee.


HORTON, Judge.

The issue before us is whether the trial court erred in failing to dismiss the entire jury panel, restore all peremptory challenges to defendants, and begin the process of jury selection from the beginning when statements prejudicial to some or all of defendants were made in the presence of the seated jurors by a prospective member of the panel. We hold that the procedure followed by the trial court in this case was prejudicially erroneous to defendants...

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