State v. Gibbs

MARTIN, Judge.

Defendant was first tried on these charges at the July 1975 Criminal Session of the Superior Court of Buncombe County. This trial resulted in a mistrial due to the inability of the jurors to agree upon a verdict. After this mistrial the defendant, an indigent, filed a motion requesting that he be provided, at public expense, a transcript of the evidence presented at the earlier trial. Defendant contends that he should have been provided with a free transcript of his first trial so that it could be used to impeach witnesses at the present trial by calling attention to conflicts…