State v. Abbott

WEBB, Justice.

In his first assignment of error the defendant contends the court should have granted his motion for a change of venue or a special venire because of pretrial publicity which prevented him from having a fair trial in Gaston County. N.C.G.S. § 15A-957 provides in part:

If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial, the court must either:(1) Transfer the proceeding to another county in the judicial district or to…