State v. Fountain

PARKER, Judge.

The error formerly appearing on the face of the record, to which attention was directed in our opinion reported in State v. Fountain, 13 N.C. App. 337, 185 S.E. 2d 446 has now been corrected.

Upon the call of the case for trial, defendant’s counsel moved for a continuance on the ground that defendant could not at that time obtain a fair trial because of newspaper reports', published during the preceding week, concerning his mistrial which had occurred during the preceding week. Denial of this motion is the basis of defendant’s first assignment of error. Appellant contends this…