STATE v. SELLERS

No. 7526SC908.

222 S.E.2d 750 (1976)

STATE of North Carolina v. Freddie Lee SELLERS.

Court of Appeals of North Carolina.

March 17, 1976.


Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Senior Deputy Atty. Gen., R. Bruce White, Jr., Raleigh, for the State.

Lindsey, Schrimsher, Erwin & Bernhardt by Lawrence W. Hewitt, Charlotte, for defendant-appellant.


BRITT, Judge.

Defendant argues only one assignment of error. He contends that the court erred when it instructed the jury to deliberate further when one juror, after the verdict was first returned and the jury was being polled, stated that at that time he had some doubt about defendant's mental capacity. We find no merit in the assignment.

The record reveals that after the jury received the case and deliberated for some period of time, they returned to the...

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