State v. Cooley

WELLS, Judge.

I. THE MISTRIAL

Defendant first assigns as error the action and procedure of the trial court in granting a mistrial. In pertinent part G.S. 15A-1062 provides as follows:

§ 15A-1062. Mistrial for prejudice to the State. — Upon motion of the State, the judge may declare a mistrial if there occurs during the trial, either inside or outside the courtroom, misconduct resulting in substantial and irreparable prejudice to the State’s case and the misconduct was by a juror or the defendant, his lawyer, or someone acting at the behest of the defendant or his lawyer ...

Under G.S. 15A-1063:

§…