STATE v. PAYNE

No. 66A85.

357 S.E.2d 612 (1987)

320 N.C. 138

STATE of North Carolina v. Randy Joe PAYNE.

Supreme Court of North Carolina.

July 7, 1987.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Ralf F. Haskell, Sp. Deputy Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender by Louis D. Bilionis, Asst. Appellate Defender, Raleigh, for defendant-appellant.

Randy Joe Payne, pro se.


MITCHELL, Justice.

The defendant contends, inter alia, that the trial court committed reversible error by communicating with the jurors out of open court and in the absence of the defendant, counsel, or a court reporter. We agree and hold that the defendant is entitled to a new trial. Because the defendant's other assignments of error are not likely to arise upon retrial, we do not reach or discuss them.

A complete review of the evidence is not necessary...

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