STATE v. GATEN

No. 7526SC542.

220 S.E.2d 845 (1976)

28 N.C. App. 273

STATE of North Carolina v. Robert Louis GATEN.

Court of Appeals of North Carolina.

January 7, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Archie W. Anders, Raleigh, for the State.

DeLaney, Millette & DeArmon by Ernest S. DeLaney, III, Charlotte, for defendant-appellant.


PARKER, Judge.

The defendant first contends that the court erred by accepting a verdict which was not unanimous. In this connection the record shows that while the jury was being polled the following exchange took place between the court and one of the jurors, a Mr. Polk:

"THE COURT: Mr. Polk, in the cases of State v. Robert Louis Gaten, your foreman has returned as your verdicts in these cases that you find the defendant guilty as charged of robbery...

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