State v. Foddrell (1977)

"An assertion in this Court by the appellant that evidence, to the introduction of which he interposed no objection, was obtained in violation of his rights under the Constitution of the United States, or under the Constitution of this state, does not prevent the operation of this rule." State v. Foddrell, 291 N.C. 546, 557 , 231 S.E.2d 618, 626 (1977).

The test for jurors was set out in State v. Foddrell, 291 N.C. 546, 554 , 231 S.E. 2d 618, 624 (1977): To establish a prima facie case of systematic racial exclusion, “defendants are generally required to produce not only statistical evidence establishing that blacks were underrepresented on the jury but also evidence that the selection procedure itself was not racially neutral, or that for a substantial period in the past relatively few Negroes have served on the juries of …

Cofield, 320 N.C. at 308 , 357 S.E.2d at 629 (quoting State v. Foddrell, 291 N.C. 546, 554 , 231 S.E.2d 618, 624 (1977)).

As this Court held in State v. Foddrell, 291 N.C. 546, 557 , 231 S.E. 2d 618, 626 (1977): The rule is as quoted in State v. Jones, 280 N.C. 322, 339-340 , 185 S.E. 2d 858, 869 (1972): “It is elementary that, ‘nothing else appearing, the admission of incompetent evidence is not ground for a new trial where there was no objection at the time the evidence was offered.’ . . .

As this Court held in State v. Foddrell, 291 N.C. 546, 557 , 231 S.E. 2d 618, 626 (1977): *667 The rule is as quoted in State v. Jones, 280 N.C. 322, 339-340 , 185 S.E. 2d 858, 869 (1972): “It is elementary that, ‘nothing else appearing, the admission of incompetent evidence is not ground for a new trial where there was no objection at the time the evidence was offered.’ . . .

See G.S. 15A-1446(a) and (b), State v. Foddrell, 291 N.C. 546 , 231 S.E. 2d 618 (1976), State v. Jones, 280 N.C. 322 , 185 S.E. 2d 858 (1972).