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...
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