STATE v. PEEK

No. 117A84.

328 S.E.2d 249 (1985)

313 N.C. 266

STATE of North Carolina v. James Walter PEEK.

Supreme Court of North Carolina.

April 2, 1985.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Roy A. Giles, Jr., Asst. Atty. Gen., for the State.

Adam Stein, Appellate Defender by David W. Dorey, Asst. Appellate Defender and Louis D. Bilionis, Sp. Asst. to the Appellate Defender, for defendant-appellant.


BRANCH, Chief Justice.

By his first assignment of error, defendant contends the trial judge prejudicially erred in his instructions to the jury when the jury foreman told him the jury was having trouble reaching a unanimous verdict. We do not agree.

The jury began its deliberations at 11:55 a.m. and continued until 12:35 p.m. when the court recessed for lunch. After having resumed deliberations at 2:00 p.m., the jury returned to the courtroom at 3:13 p.m....

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