Criminal Practice – Jury & Jurors – County of Residence

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During defendant’s murder trial in Person County, the court learned that, a week before trial, Juror No. 4 had moved to Durham County. Although Juror No. 4 told the court that “half [his] stuff” was still at his mom’s home and that he still spent half his nights in Person County, it was within the trial court’s discretion to excuse Juror No. 4 under G.S. § 15A-1211(d) on the basis that Juror No. 4 failed to meet the statutory requirements to sit as a Person County juror.

We find no error in defendant’s conviction for first-degree murder.

State v. Wiley (Lawyers Weekly No. 011-151-23, 7 pp.) (Toby Hampson, J.) Appealed from Person County Superior Court (William Wolfe, J.) Amar Majmundar for the state; James Glover for defendant. North Carolina Court of Appeals