STATE v. GRESHAM

No. 26.

228 S.E.2d 244 (1976)

290 N.C. 761

STATE of North Carolina v. Bobby W. GRESHAM.

Supreme Court of North Carolina.

October 5, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Robert G. Webb, Raleigh, for the State.

Bailey & Gaylor, by Edward G. Bailey, Jacksonville, for defendant appellant.


BRANCH, Justice.

The single question presented by this appeal is whether the trial judge's additional instructions coerced the verdict of the jury.

The jurors returned to the courtroom about one hour after the case had been submitted to them and through their foreman indicated that they had been unable to reach a unanimous verdict and that the numerical division among the jurors was ten to two. At that time, the trial judge charged:

COURT: Be seated...

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