State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1061

Article62.

Mistrial.

§ 15A‑1061.  Mistrialfor prejudice to defendant.

Upon motion of a defendant orwith his concurrence the judge may declare a mistrial at any time during thetrial. The judge must declare a mistrial upon the defendant's motion if thereoccurs during the trial an error or legal defect in the proceedings, or conductinside or outside the courtroom, resulting in substantial and irreparableprejudice to the defendant's case. If there are two or more defendants, themistrial may not be declared as to a defendant who does not make or join in themotion. (1977, c. 711, s. 1.)