The prosecutor completed his closing argument and court was adjourned for the day. Well, I sustained the objection on the spot, right where he stood. Defense counsel moved for a mistrial. The trial court denied themotion, called for the jury to return, and resumed the proceeding with no further reference to the prosecutor's remarks. The dispositive issue on appeal is whether the trial court abused its discretion in denying defendant's motion for a mistrial after the State's closing argument in which the prosecutor referred to the race of the jurors.
Every person charged with a crime has an absolute right to a fair trial.
By this it is meant that he is entitled to a trial before an impartial judge and an unprejudiced jury in keeping with substantive and procedural due process requirements of the Fourteenth Amendment. N.C. Gen. Stat. The defendant has the burden to show prejudicial error. The decision to grant or deny mistrial rests within the sound discretion of the trial court and will not be disturbed on appeal absent a clear showing of abuse of discretion. Control of counsel's remarks during closing argument is left largely to the discretion of the trial court.