STATE v. ASHE

No. 283A84.

331 S.E.2d 652 (1985)

STATE of North Carolina v. Hillard ASHE.

Supreme Court of North Carolina.

July 3, 1985.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Elizabeth C. Bunting, Asst. Attys. Gen., Edwin M. Spear, Sp. Deputy Atty. Gen., and Ellen B. Scouten, Associate Atty., Raleigh, for the State.

Herbert L. Hyde, Asheville, for defendant-appellant.


EXUM, Justice.

The dispositive question presented is whether the trial court committed reversible error in denying a request to review portions of the testimony, made by the jury foreman after deliberations began, without requiring that all jurors be present to hear the court's response. We conclude that it did and remand the case for a new trial.

I.

In the evening of 21 August 1974, officers from the Cherokee County Sheriff's Department discovered...

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