Court of Appeals of North Carolina December 16, 1980, No. 807SC600 (State v. Pollock)

MARTIN (Harry C.), Judge.

Defendant first contends the trial court should have declared a mistrial during the selection of the jury. After twelve jurors had been selected, the court was in the process of choosing a thirteenth or alternate juror. During a recess of the court, one of the twelve selected jurors and several other persons were in a room where soft drink machines evidently were located.