State v. Stephens

WEBB, Judge.

[1 ] The court committed error when it did not follow the procedure mandated by G.S. 15A-1214 for the selection of the jury. It was also error not to impanel the jury. See G.S. 15A-1216.

In State v. Harper, 50 N.C. App.___, 272 S.E. 2d 600 (1980) this Court held the defendant did not show prejudicial error in the superior court’s failure to follow the mandate of G.S. 15A-1214 in selecting the jury. This Court reasoned that since the defendant did not exercise all his peremptory challenges, the jurors impaneled met with the defendant’s approval. In the case sub judice, the defentant…