Thompson v. Town & Country Construction Co.

CLARK, Judge.

Since it is apparent that the trial judge denied defendant’s motion for directed verdict in anticipation of withdrawing a juror and declaring a mistrial, we will first determine whether the order declaring a mistrial is appealable.

An order declaring a mistrial is appealable only if the trial judge has abused his discretion. See, Keener v. Beal, 246 N.C. 247, 98 S.E. 2d 19 (1957). A judge may withdraw a juror and declare a mistrial when “necessary to prevent the defeat of justice or in the furtherance of justice. . . .” 76 Am. Jur. 2d, Trial, § 1073; 2 McIntosh, N.C. Practice &…