State v. Barnes
This text of 90 S.E.2d 321 (State v. Barnes) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This case is essentially a controversy as to the facts. The jury, having heard the sharply conflicting testimony, resolved the issue against the defendant. His assignments of error fail to point out prejudicial error in the trial which would justify a new trial. The charge of the court as to the duty of the jury to make a diligent effort to arrive at a verdict was well within the bounds of the decisions of this Court. S. v. Pugh, 183 N.C. 800, 111 S.E. 849; S. v. Brodie, 190 N.C. 554, 130 S.E. 205; S. v. Lefevers, 216 N.C. 494, 5 S.E. 2d 552. The spontaneous statement of one of the jurors when the jury returned to the courtroom that the jury stood ten for conviction and two for acquittal was innocuous. In the trial below we find
No error.
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Cite This Page — Counsel Stack
90 S.E.2d 321, 243 N.C. 174, 1955 N.C. LEXIS 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barnes-nc-1955.