STATE v. FOWLER

No. 152A84.

322 S.E.2d 389 (1984)

312 N.C. 304

STATE of North Carolina v. Johnny FOWLER.

Supreme Court of North Carolina.

November 6, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Elizabeth C. Bunting, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellant Defender Ann B. Petersen, Chapel Hill, for defendant.


COPELAND, Justice.

Defendant's sole assignment of error concerns the inquiry made by the trial judge into the numerical division of the jurors on Friday afternoon. The record discloses that the jury retired sometime near midmorning on Friday, 4 November 1983. They deliberated until the lunch recess and resumed deliberations at 2:00 p.m., remaining in the jury room until late Friday afternoon.

At this point the trial judge called the jury back into the courtroom...

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