State v. Daniels

WHICHARD, Judge.

Defendant contends the court erred in denying his motion for mistrial made after a prospective juror stated before the entire panel that a co-defendant, tried jointly with defendant, “used to go with [her] daughter and also . . . took [her] car at one time.” The statement was made in response to the court’s question as to whether any member of the panel knew the co-defendant.

“Ruling on a motion for mistrial in a criminal case less than capital rests largely in the discretion of the trial court.” State v. McCraw, 300 N.C. 610, 620, 268 S.E. 2d 173, 179 (1980). While G.S.…