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STATE v. HUNT

No. 5A86.

373 S.E.2d 400 (1988)

323 N.C. 407

STATE of North Carolina v. Henry Lee HUNT and Elwell Barnes.

Supreme Court of North Carolina.

November 3, 1988.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by G. Patrick Murphy, Asst. Atty. Gen., (in Hunt case) and Ralf F. Haskell, Sp. Deputy Atty. Gen. (in Barnes case), for the State (original brief and argument); Lacy H. Thornburg, Atty. Gen., James J. Coman, Sr. Deputy Atty. Gen., William N. Farrell, Jr., Sp. Deputy Atty. Gen., and Joan H. Byers, Sp. Deputy Atty. Gen., and Barry S. McNeill, Asst. Atty. Gen., Raleigh, for the State (supplemental brief and argument).

H. Mitchell Baker, III and Angus B. Thompson, II, Lumberton, for defendant-appellant Hunt; Bruce W. Huggins, Lumberton, for defendant-appellant Barnes (original brief and argument); Malcolm Ray Hunter, Jr., Appellate Defender, and Louis D. Bilionis, Raleigh, for defendants-appellants (supplemental brief and argument).

E. Ann Christian and Robert E. Zaytoun, Raleigh, for North Carolina Academy of Trial Lawyers, amicus curiae.

John A. Dusenbury, Jr., Asheville, for North Carolina Ass'n of Black Lawyers, amicus curiae.

WEBB, Justice.

In his first assignment of error, defendant Hunt contends the trial court erred in denying his motion for a change of venue or a special venire. He argues that extensive inflammatory media coverage of the murders, coupled with extensive word-of-mouth publicity, made it impossible for him to receive a fair trial by a Robeson County jury.

N.C.G.S. § 15A-957 provides, in pertinent part:

If, upon motion of the defendant, the court...

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