State v. Elkerson

BRANCH, Chief Justice.

Defendant assigns as error the denial of his motion for mistrial because of the arraignment of two of his co-conspirators in the presence of the prospective jurors from whom the jury for defendant’s trial was chosen.

In support of this assignment of error, defendant first relies upon the last sentence of G.S. 15A-943(a), which provides that “[n]o cases in which the presence of a jury is required may be calendared for the day or portion of a day during which arraignments are calendared.”

The North Carolina Court of Appeals considered this portion of G.S. 15A-943(a) in State…