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STATE v. CARR

No. 7414SC605.

209 S.E.2d 320 (1974)

23 N.C. App. 546

STATE of North Carolina v. Joe Cephus CARR.

Court of Appeals of North Carolina.

November 6, 1974.

Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., by Asst. Atty. Gen. Edwin M. Speas, Jr., Raleigh, for the State.

Clayton, Myrick & McCain by Jerry B. Clayton, Durham, for defendant appellant.

PARKER, Judge.

After the jury had deliberated for some time the foreman reported, in response to an inquiry from the judge, that for the preceding two hours they had made no progress toward a verdict. The judge then instructed the jury as follows:

"I'm going to let you go to lunch, at this time, and have you come back and resume your deliberations. "You have heard all the evidence that any jury will be able to hear in the case, and if you don't...

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