STATE v. JOHNSON

No. 8526SC877.

341 S.E.2d 770 (1986)

STATE of North Carolina v. Johnnie Oliver JOHNSON, Jr.

Court of Appeals of North Carolina.

April 15, 1986.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Lucien Capone, III, Asst. Atty. Gen., Raleigh, for the State.

Public Defender Isabel Scott Day by Gail M. Phillips, Asst. Public Defender, Charlotte, for defendant-appellant.


PARKER, Judge.

In his first assignment of error, defendant contends the trial court erred during the charge to the jury by commenting on the effect of the failure of the jury to reach a verdict. We agree.

The jury in this case began deliberations at approximately 2:54 p.m. At approximately 5:35 p.m., the jury sent a note to the court which stated: "The jury is not able to reach a verdict.... The jury feels you should know that the vote is [e]leven to one ...

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