State v. Mitchell

MOORE, Justice.

Defendant first assigns as error the trial court’s failure to allow defendant’s motion for a change in venue or, in the alternative, for a special venire from another county. G.S. 1-84; G.S. 9-12.

The motion is supported by an affidavit of defendant’s attorney which states that because of publicity received as a result of the mistrial granted in the first trial defendant could not receive a fair and impartial trial. In addition, defendant offered as exhibits three newspaper articles, two of which were published in the News and Observer on page 5 and on page 50 on October 26 and…