State v. Shoff

MARTIN, MARK D., Judge.

Defendant was charged with driving while impaired. On 17 November 1993 he was found guilty in District Court of Buncombe County, and he appealed to superior court. Defendant’s case was called for trial on 3 January 1994. A jury was empaneled and the State presented two witnesses. Following recess of the trial for the day, three to six inches of snow fell in Buncombe County. Defendant’s attorney and several of the jurors were unable to return to court on the next day. Defendant’s case was rescheduled for trial on 6 January 1994, and was empaneled with a different jury.…