STATE v. WILSON

No. 436A08.

681 S.E.2d 325 (2009)

STATE of North Carolina v. Lekkie Constantine WILSON.

Supreme Court of North Carolina.

August 28, 2009.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Kevin Anderson, Assistant Attorney General, for the State-appellant.

L. Jayne Stowers, Winston-Salem, for defendant-appellee.


TIMMONS-GOODSON, Justice.

In this case we consider whether defendant waived appellate review by failing to object to instructions by the trial court to a single juror. We hold that, because the trial court's instructions to a single juror violated defendant's right to a unanimous jury verdict under Article I, Section 24 of the North Carolina Constitution, the error was preserved for appeal notwithstanding defendant's failure to object. We further hold that the State...

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