State v. Holmes

BRANCH, Justice.

Did the trial judge commit prejudicial error by failing to declare a mistrial on his own motion or in the alternative by failing to instruct the jury to disregard certain remarks made by the district attorney in the presence of the jury? The answer to this question is governed by the followed well recognized rules.

Every person charged with a crime has the right to be tried before an impartial judge and by an unprejudiced jury. It is the duty of the court and the prosecuting attorney to see that this right is not denied. State v. Britt, 288 N.C. 699, 220 S.E. 2d 283 (1975);…