State v. Mettrick

MITCHELL, Justice.

The defendants in this consolidated appeal contend that two State’s witnesses acted as custodians or officers in charge of the jury and that they are entitled to a new trial as a result. We agree and affirm the decision of the Court of Appeals awarding the defendants a new trial.

Only a brief summary of the evidence introduced at trial is necessary for an understanding of the issues giving rise to this appeal. In summary, the evidence for the State tended to show that, on 16 January 1980, a DC-6 airplane piloted by the defendant, Derek Harrison Mettrick, landed at the Ashe…