STATE v. HUNTER

No. 8027SC242.

269 S.E.2d 736 (1980)

STATE of North Carolina v. Desmond HUNTER.

Court of Appeals of North Carolina.

September 16, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Grayson G. Kelley, Raleigh, for the State.

R. C. Cloninger, Jr., Gastonia, for defendant appellant.


VAUGHN, Judge.

The sole issue in this case is whether the trial court committed prejudicial error in giving supplemental instructions to the jury after it returned to the courtroom without a verdict. The original charge given by the court before the jury retired is not in the record. The defendant stipulates that it was proper in all respects.

Less than one hour after retiring, the jury returned to the courtroom and the following took place:

COURT...

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