STATE v. ROWE

No. 768SC213.

226 S.E.2d 231 (1976)

30 N.C. App. 115

STATE of North Carolina v. Gordon ROWE.

Court of Appeals of North Carolina.

July 7, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James E. Magner, Jr., Raleigh, for the State.

J. Faison Thompson, Jr., Goldsboro, for defendant-appellant.


BRITT, Judge.

Defendant assigns as error the failure of the trial court to order a mistrial for the reason that an alternate juror was present in the jury room with the jury after they began their deliberations. The assignment must be sustained.

The record discloses: The court concluded its charge to the jury at 11:35 a. m., instructed the jury to go to their room to deliberate on their verdict, and took a ten minutes recess. Immediately following the recess...

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