State v. Barbour

COPELAND, Justice.

After careful examination of defendant’s numerous assignments of error, we find that sufficient prejudicial error occurred below to warrant a new trial. Our initial discussion is directed to two assignments which are without merit but likely to be raised on retrial.

Defendant argues that the trial court erred in limiting him to six peremptory challenges during jury selection. Under G.S. 9-21(a), each defendant is allowed fourteen peremptory challenges in capital cases but only six in all other cases. Because North Carolina’s mandatory death penalty law was declared…