State v. Lewis Burley Fountain

BRANCH, Justice.

Defendant assigns as error the failure of the trial court to grant his motion for mistrial.

In selecting the jury the original venire was exhausted, and Judge Long ordered that ten additional jurors be selected from the jury list in the same manner as provided for the selection of regular jurors. Defendant objected to the drawing of the additional jurors and on the next day moved for a mistrial on the ground that the tales jurors were not called as members of the original venire prior to the seating of any jurors. Defendant relies on the provisions of G.S. 9-21, which provides:

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