State v. Byrd

VAUGHN, Chief Judge.

Defendant first contends that the trial court erred in denying defense counsel’s motion to sequester witnesses at the probable cause hearing. We find no error. Generally, the trial judge has discretion regarding sequestration of witnesses and his decision is reviewable only upon a showing of abuse of discretion. State v. Royal, 300 N.C. 515, 268 S.E. 2d 517 (1980). This rule applies regardless of whether the motion to sequester is made at trial or at the probable cause hearing. See G.S. 15A-611 (official commentary); G.S. 15A-1225. The fact that the prosecution witnesses…