State v. Mathis, ___ N.C. App. ___, 813 S.E.2d 861 (Apr. 3, 2018)

The trial court properly declared a mistrial for manifest necessity in this felony assault case. After the State rested, the trial court expressed concern that one of the jurors would be unavailable due to his wife’s upcoming heart procedure. The trial court expressed “no confidence” and “absolutely no faith” in the alternate juror because the alternate had not heard much of the trial testimony up to that point. In light of the impending absence of the juror in question and the judge’s belief that the alternate would be unable to perform his duties, the trial court did not abuse its discretion by declaring a mistrial.