STATE v. LANG

No. 69.

272 S.E.2d 123 (1980)

STATE of North Carolina v. Leburn Hoyt LANG.

Supreme Court of North Carolina.

December 2, 1980.


Attorney(s) appearing for the Case

Joseph Beeler, Miami, Fla., Tharrington, Smith & Hargrove, Raleigh, by Roger W. Smith, and Elmore & Powell, P. A., by Bruce Elmore, Sr., Asheville, for defendant.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. T. Buie Costen and Asst. Atty. Gen. Nonnie F. Midgette, Raleigh, for the State.


COPELAND, Justice.

By his nineteenth assignment of error, defendant contends that the trial court erred in refusing the jury's request, after beginning its deliberations, to have the transcript of the testimony of defendant's witness Mrs. Rena James read to it. We hold that the trial judge's refusal on the grounds that he did not have the authority, in his discretion, to grant the jury's request was a prejudicial error entitling defendant to a new trial.

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