State v. Perry

HIGGINS, Justice:

The defendant’s able trial counsel requests this Court to review the record of the trial and to give the defendant the benefit of any error disclosed in the record. However, by brief and by oral argument, the defendant relies for a new trial on his Assignment of Error No. 3, which presents this question: “Did the trial judge commit prejudicial error in denying the defendant the right to the selection of the trial jury according to North Carolina custom and practice?”

Counsel for the defendant argued here the defendant was prejudiced in the jury selection by the failure of the…