McCrary v. State

Hawes, Justice.

Prentice McCrary was convicted of rape. His motion for a new trial was overruled and he appealed, enumerating three grounds of error.

1. Defendant’s motion for a continuance based on the ground of unfavorable newspaper publicity attendant upon the trial and conviction during the preceding week of the accused’s co-indictee was properly overruled. The basis of this motion was that because of such unfavorable publicity a fair and impartial jury could not be obtained. However, the answers under oath by the prospective jurors to the questions propounded to them on voir dire showed…