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STATE v. MAY

No. COA13-37.

749 S.E.2d 483 (2013)

STATE of North Carolina v. Floyd Edward MAY, Sr.

Court of Appeals of North Carolina.

November 5, 2013.

Attorney(s) appearing for the Case

Attorney General Roy A. Cooper , by Assistant Attorney General Teresa M. Postell , for the State.

Appellate Defender Staples Hughes , by Assistant Appellate Defender Daniel R. Pollitt , for Defendant.

DILLON, Judge.

Floyd Edward May, Sr., (Defendant) appeals from judgment convicting him of one count of first-degree statutory rape. We conclude that Defendant is entitled to a new trial because the State has failed to meet its burden to prove that the trial court's error in charging a deadlocked jury in violation of N.C. CONST. art. I, § 24 was harmless beyond a reasonable doubt.

I. Facts and Procedural History...

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